Democratic Deficits in the Philippines: What is to be Done?

CLARITA R. CARLOS AND DENNIS M. LALATA
WITh DIANNE C. DESPI & PORTIA R. CARLOS

Democratic Deficits in the Philippines: What is to be Done?

2010

CLARITA R. CARLOS, Ph.D. and DENNIS M. LALATA
with DIANNE C. DESPI and PORTIA R. CARLOS

KONRAD ADENAUER STIFTUNG

Democratic Deficits in the Philippines: What is to be Done?

Copyright 2010 by Clarita R. Carlos, Ph.D., Dennis M. Lalata, Dianne C. Despi and Portia R. Carlos ALL RIGHTS RESERVED Except for brief quotation in a review, this book or parts thereof, must not be reproduced in any form without permission in writing from the authors. The views and opinions expressed in this study are those of the authors and do not necessarily reflect those of the Konrad Adenauer Foundation and of the Centrist Democratic Movement. Published by Center for Political and Democratic Reform, Inc. 13 Bautista Street., University of the Philippines Campus, Diliman, Quezon City Konrad Adenauer Foundation 5/F Cambridge Center Bldg. 108 Tordesillas corner Gallardo Streets Salcedo Village, Makati City Philippines Centrist Democratic Movement 804 Batis Street, Juna Subdivision Matina, Davao City Philippines ISBN 978-971-94932-0-4

Foreword When this book is published, many voices will be heard from civil society, the academe, the media and foreign observers in the Philippines expressing their hopes and great expectations for the strengthening of democratic good governance and a more successfull socio-economic development under the new administration of President Benigno Aquino III. His campaign, built on the credible promise of bringing down corruption and wrongdoings in the State Institutions, has opened perspectives for a better life for the ordinary people in the eyes of many Filipinos. There is no doubt that the importance of a good person, with the right intentions and with character, imbued in the highest office of the country, cannot be overestimated. With the extraordinary powers the 1987 Philippine Constitution bestowed upon the President, he will be able to change things and move the country forward – even with the limitation of only one six-year term in office. However, the example of the Ramos Administration in the ninetees, during which democracy seemed to have stabilized and a fresh wind of socioeconomic development pushed the country for some years into the mainstream of the booming SoutheastAsian region bears remembering how the country can fall back into political turmoil and socio-economic deadlock after a change of administration. It is of great benefit from this study of Prof. Clarita Carlos that she is analysing the deep causes behind the problems which plague the Philippine Democracy from its restoration in 1986, nearly 25 years ago. Many people are blaming the Philippine culture for the flaws and weaknesses of the democratic processes; for the lack of progress in poverty alleviation – as opposed to neighbouring countries like Malaysia or Vietnam. But Prof. Carlos shows, that it is mainly the institutional set up of the Philippine brand of Democracy which, in spite of the good principles and intentions of the 1987 Constitution, perpetuated the patronage system inherited from the Spanish colonial period. It likewise prevented effective participation of the ordinary people in the political system that lead to lack of control of executive powers and subequently to overwhelming corruption. In order to create sustainable progress, the new administration has to correct the wrong incentives in the electoral system and democratic procedures which do not leave room for the development of a structure of authentic member-based and program-oriented political parties – the backbone of a functioning democracy. It has to level the economic playing field by opening up and encouraging competition in local and national markets which are presently dominated by powerful cartels or family clans. This will create a liberal framework in which job creation and poverty alleviation can take place. It finally has to provide much better competences and share much more substantial budget from the central government to the local and regional government units along the principle of subsidiarity; thus setting free the dynamic forces of the masses fighting to improve their lives and bring real democracy to the country. Clarita Carlos, further to the analysis of many democratic deficits of the country, presents in this book a great number of well assessed and oftentimes innovative suggestions for the solution of the problems. We, the Centrist Democratic Movement(CDM) of the Philippines and the Konrad-Adenauer-Stiftung, hope that we can contribute, with the publishing of this study, toward a broad and honest cooperation of Centrist Democrats from different political background for a fundamental and well targeted reform policy in the coming years. Manila, August 18, 2010 Peter Koeppinger

Manuel Manahan. This bias towards creation of sustainable political parties is elementary.MESSAGE The last few months of 2009 saw the fruition of an initiative by THE TECHNICAL ASSISTANCE CENTER FOR THE DEVELOPMENT OF THE RURAL & URBAN POOR (TACDRUP) and KONRAD ADENAUER STIFTUNG (KAS) on a political education program that transcends a generational divide . Political stalwarts of the era. The themes underlying the CDM’s philosophy of good governance and truly functioning rule of law are focused on electoral reforms and building sustainable political parties. nurtured them and waited for them to bear fruits. beliefs and strategies of governance. To the SUCCESSOR GENERATION. the introduction and strengthening of a social market economy and the restructuring of the state decision making process through a decentralized system of governance following the concepts of subsidiarity. What are needed therefore are two or three distinguishable political parties that must precipitate a clash of ideas and principles – the better to present the optimum alternatives to the electorate.be focused – live straight and learn well. abuse and even non-use. Lito Monico C. Raul Manglapus. economic and social order must be so logically designed that the dignity of each person is protected and promoted. authority and responsibility – their use. Thus in the early 70s emerged the Christian-Muslim Democrats – which over time dropped the religious/cultural undertones to be known simply as CENTRIST DEMOCRATS. Organized as the CENTRIST DEMOCRATIC MOVEMENT (CDM). With the help of specialists in particular issues. Instead they planted seeds. This. the SUCCESSOR GENERATION will now take center stage in assuming the responsibility for reforms in the Philippine Society. must begin to understand that it is now their turn at the helm. Ramon Magsaysay and the early adherents. As repositories of political theories. What is required is clarity of beliefs and approaches for governance – which in political mature countries are lodged in political parties. KAS has been in the country for the greater part of four decades advancing the philosophy of Christian Democracy (CD) as practiced in Germany and some European countries. But running a country is a complex system that requires the comprehension and appreciation of power. the CDM must set out to do.The SUCCESSOR GENERATION. in your political journey ahead . we seek to enlighten ourselves with the principles behind good governance – with a greater priority toward political party formations. the Christian Social Movement (CSM) and their youth groups Young Christian Socialist (YCSP) began to formulate their own version that encompassed an important segment of our society – the Muslim community. Mostly composed of Young Professionals and youth. The Centrist Democratic Movement Federation of the Philippines collectively supports the notion to abolish the deficits in democracy that continually negate the development of all sectors of the Philippine Society. Lorenzana CDM Convenor . They did not enforce upon the body politic their concepts of governance. misuse. the Philosophy behind Christian Democracy in the Philippines underwent substantial changes reflecting local political realities. the SUCCESSOR GENERATION. Guided by its core belief – respect for Human Dignity – political. political parties encompass an array of positions in a spectrum – from the extreme left to the extreme right. Clarita Carlos’ study on Democratic Deficits is a timely piece of work that can provide the SUCCESSOR GENERATION a general guide towards the strengthening of democracy. In the decades since then.

We also discover. not too pleasantly. It is not an accident that this book is directed to the new leadership of our country which has promised us change and to them is this book dedicated. Little did we both realize that that lunch will result in this book where we both agreed that there should be a comprehensive and non-partisan reckoning of where we have been as a nation. what is to be done to address those deficits.. Happily. Dennis. Thank you. Carlos . This book will not come into being were it not for the continuing support and trust of the Konrad Adenauer Foundation under the helm of Dr. 2009.ACKNOWLEDGMENT In November.. we look back and discover rather pleasantly how much the collective efforts of individuals can result in a very involved examination of an issue area. Portia Carlos. the many promises of democracy which have been compromised by our system of governance. in this case. for helping us discover the path of how our democracy can be better by addressing our democratic deficits so the lives of 100 million Filipinos will also be better. counter checked data and argued and challenged the validity of the many diagnoses found in extant literature. Koeppinger. His infinite patience and attention to details had served us well as we went into the final activities of putting this book into print. Dennis Lalata. My heartfelt gratitude also goes to Ms. has shown over the years a remarkable development of his critical faculties as well as of his writing. Peter Koeppinger. Always. Dr.. would require some very genuine efforts on all our parts to change and be part of that change. the other members of the research team.. where we want to go. who enthusiastically rowed along side us as we questioned assumptions. what our democratic deficits are and most importantly. Dianne Despi and Ms. when a work is finished. Clarita R. these democratic gaps. This book would not have seen the light of day were it not for the indefatigable research team I had led by Mr. Dr. that the work of filling up these deficits. we were not just writing a book. Peter Koeppinger had barely warmed his seat as the new Resident Representative of the Konrad Adenauer Foundation when we met for a welcome and getting to know you lunch. we were learning so much in the process. a former star student of mine and a cum laude from our university.

83 F...192 Bibliography…………………………………………………………………………….…..125 D. Health…………………………………………………………………………….……………………………………. 16 B. Environment……………………………………………………………………. Introduction…………………………………………………………………………… 14 II..…………………………………….. Population ……………………. AFP/PNP Reform………………………………………………………………….……………………………………………….114 C.... Corruption………………………………………………………………………… 56 E...……………………………………….102 A.. Political Parties/Electoral Reform……….……………………………..168 A..…………………………………………….. Rule of Law and Justice Reform . Democratic Institutions……………………………………………………………….190 End Notes……………………………………………………………………………….168 B.183 Conclusion ………………………………………. Education System………………………………………………………………..102 B..208 . Insurgencies……………………………….. Local Government-National Government Relations……………………………..25 C..158 IV. Political Dynasties………………………………………………………………….27 D... Social and Economic Systems……………………………………………………….152 E.16 A.1 I.. Special Concerns…………………………………………………………………….……………………………………. Public-Private Sector Partnership …..TABLE OF CONTENTS Executive Summary…………………………………………... 88 III..…………………………………………. Food Security………………………………..

63 Table 8 – Conventional Health Status Indicators.. Rich Urban Communities versus Poor Rural Communities……………………………………………...…………………………56 Table 3 – Top Employers by Sector (as of 2004) ……………………………………………57 Table 4 – Number of Programs on Good Governance and Anti-Corruption………………. 1997-2003 (Philippines)………………………………………...60 Table 6 – Political and Economic Risk Consultancy 2010 Annual Survey………………….132 Annexes (contained in the attached CD) Annex A – Political Party Reform Bill Annex B – Party List Law Annex C – Challenges to the Rule of Law Annex D – Challenges to the Philippine Justice System Annex E – ADB and World Bank Perspectives on Justice Reform Annex F – Free Legal Assistance Act Annex G – Corruption Perception Index Table for 2009 Annex H – CPI 2009 Methodology Annex I – Overview of the Legal Framework for Dealing with Corruption in RP Annex J – Rules Implementing The Code of Conduct and Ethical Standards for Public Officials and Employees Annex K – Brief History of AFP and PNP Annex L – Selected Recommendations of the Davide Commission Annex M – Selected Recommendations of the Feliciano Commission Annex N – Major Issues and Challenges in the Philippine Education System Annex O – Trends in International Mathematics and Science Study [TIMSS] comparison of instructional days in selected countries as of 2003 Annex P – Act Strengthening the Literacy Coordinating Council Annex Q – RP Millennium Development Goals on Health Annex R – Specific Health Programs of the DOH Annex S – Philippine Laws Governing Health Care Annex T – Declaration of Alma-Ata .129 Table 11 – Vital Signs (Philippines)……………………………………………………….61 Table 7 – Factors that Predispose the Customs Service to Corruption…………………….List of Figures Figure 1 – Structure of Local Governments in the Philippines………………………………84 Figure 2 – GDP Growth.....132 Table 12 – Diversity and Endemism (Philippines)…………………………………………..59 Table 5 – Reasons for not filing formal complaints against requests for bribes (Respondents from the Philippines) 2009 Global Corruption Barometer…......29 Table 2 – Dimensions of the Philippine Civil Service (as of 2004).129 Table 10 – Total Number of Disasters in Southeast Asia (1990–2009)……………………....115 Table 9 – Countries Most Exposed To Natural Hazards (From Multiple Hazards)…….159 List of Tables Table 1 – The Philippine Justice Sector…………………………………………………….

Annex U –1972 Stockholm Convention Annex V – Annotation on the 1994 Draft Declaration of Principles on Human Rights and the Environment Annex W – Indigenous Peoples Rights Act Annex X – Kyoto Protocol Annex Y – Clean Air Act Annex Z – Biofuels Act Annex ZA – Climate Change Act Annex ZB – Rules of Procedure for Environmental Cases Annex ZC – Ecological Solid Waste Management Act Annex ZD – Disaster Risk Reduction and Management Act Annex ZE – Trends in the Philippine Population Annex ZF – Reproductive Health Bill Annex ZG – History of Communist Insurgency and Moro Issue Annex ZH – Organic Act for ARMM Annex ZI – 1976 Tripoli Agreement .

Democratic Deficits in the Philippines: What is to be Done? EXECUTIVE SUMMARY The purpose of this study is to identify areas where democracy in the Philippines has failed us—the democratic deficits that confront us today. We shall describe the basic features of those deficits, enumerate the major challenges, and outline what is to be done as culled from previous studies, including our own recommendations, which we think will reduce, if not totally abolish our democratic deficits. While these deficits are presented as segments, they are interrelated and are linked to each other. In the end, what is crucial in overcoming these democratic deficits is strong political leadership from the top among the three branches of government, and collective political will that can be harnessed from the citizenry. The democratic deficits and our recommendations in the area of Democratic Institutions are the following: Political Parties/Electoral Reform. Lack of accountability and responsibility and political turncoatism are democratic deficits that can be addressed in the short- to medium-term by linking the political life of party members with party membership so that their advance in politics must rely on the decisions made by their party leaders. Political parties must be required to have clear ways by which they finance their campaign and other activities and where government financing is absent, the support for the candidate forthcoming from the political party should be clear. Clear rules of accounting and auditing of party funds within party must be instituted so that no one person dictates who will get what and how much. The Political Party Reform Bill must be passed into law for better accounting, matching government support for recognized and registered political parties, and limiting election expenses. The election campaign period must be radically shortened to 60 days for the national positions and 30 days for the local positions. There is a need to reform the party list system in the Philippines along the German way of the party list which is a two-vote system for an individual party candidate and a political party. This will reflect the real intent of giving representation to the marginalized sectors of our society. There is a need to change the system of government from the presidential form to a parliamentary one which is expected to bring about many changes in the party system because the party or a coalition of parties obtaining the highest number of votes in the legislature gets to form the government of the day; by shifting to a parliamentary system, we will be able to overcome the many complications present in a presidential form of government, compel party loyalty, reduce the campaign period and even reform campaign financing where government shares in the campaign finance as a proportion of the votes received by the political party in the previous election. Political Dynasties. Leveling the playing field is required to address this democratic deficit. Reform of campaign finance must be carried out by reallocating resources and giving

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Democratic Deficits in the Philippines: What is to be Done? opportunities to less financially endowed but capable candidates to enter the political arena. Reform of the political party must be undertaken in order to change the election campaign period, the procedure for vetting of candidates, the manner of electing through the two ballot system and others which are all designed not to favor incumbents who have access to and indiscriminately use public resources. There is a need to pass more strict laws sanctioning corruption and misuse of public resources (taken up in the chapter on Corruption). Rule of Law and Justice Reform. The Philippines faces many challenges to the rule of law and its justice system. Reforms and other measures dealing with deficits in the justice system must be undertaken for the entire justice sector which will require cooperation among the three branches of government. Reform efforts must cover all areas of governance within the sector while paying special attention to access to justice by the poor and disadvantaged. In enhancing rationalized and coordinated law enforcement, there is a need to: (a) decriminalize certain offenses under the Revised Penal Code and special laws and codify criminal law; (b) design and adopt an integrated criminal justice information system and develop crime classification and crime indicators; (c) adopt a holistic approach to the improvement of the crime investigation system of the police; and (d) remove duplication, overlapping, proliferation and fragmentation of law enforcement functions, reintegrate police functions, and remove institutionalized politicization of the police. In strengthening the prosecution agencies and reengineering the public defense system, there is a need to establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy, as well as undertake detailed review and reengineering of the entire public defense system to improve its capacity to provide services, improve access and efficiency, and strengthen its independence. Efforts must be undertaken to reengineer the institutional framework of the corrections system, devolve delivery while maintaining strong oversight, and amend the Probation Law to expand its coverage. The laws of the land must be popularized towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies. There is a need to provide greater access to justice by the poor and disadvantaged through the following: (a) formation of a joint committee of the Supreme Court, the executive branch, IBP and alternative law organizations to coordinate the various legal aid providers in the country; (b) provide regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System with the possibility of including respected members or elders from the community in the peace council; (c) improve 2

Democratic Deficits in the Philippines: What is to be Done? services of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) as components of Alternative Dispute Resolution (ADR) mechanisms being pursued by the Supreme Court in the lower courts; coverage may be expanded to include other types of cases that have not yet been included that do not involve physical violence; (d) assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system; and (e) expand the ―Justice on Wheels‖ program of the Supreme Court to address the problem of jail congestion through the disposition of cases involving inmates, including minors. Continuing judicial education must be improved to enhance judicial competence. Various options to enhance judicial independence and fiscal autonomy must be studied. Complaints mechanisms and enhanced record-keeping systems for improved judicial transparency and accountability must be designed. A comprehensive study of the implications of the power of judicial review must be conducted. There is a need to act on undue delays in the conduct of trials and large backlogs in the handling of cases by: (a) adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial; (b) reviewing and improving the rules of court; (c) reviewing the jurisdictional structure of the courts; (d) removing duplication and overlap and clearly defining the operational delineation among pre-trial system, barangay justice system and the courtannexed mediation system; and (e) promoting the use of Alternative Dispute Resolution (ADR) mechanisms in various agencies in the justice sector. The various challenges in the Shari‘a Courts must be addressed by: (a) creating a societal environment that is based on a unified rule of law; (b) strengthening the Shari‘a Legal Education System (both academic and continuing education); (c) improving the system for ensuring the qualification and training of Shari‘a lawyers and judges; (d) improving the jurisdictional scope and structure of the Shari‘a court system and its rules; (e) developing a Shari‘a Code of Ethics; (f) formulating a career development program for Shari‘a judges; (g) improving case management capacities and operations; and (h) structuring of Shari‘a legal fees and charges. Other measures for overall justice system reform must be carried out: (a) comprehensive review and codification of laws; (b) assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010); (c) follow-through of the implementation of the Court Management Information System (CMIS); (d) follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21); and (e) follow-through of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17, 2006 held in Australia. Corruption. Corruption and inefficiency are a lethal combination of deficits that is robbing future generations of Filipinos many opportunities for development while benefiting

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Democratic Deficits in the Philippines: What is to be Done? vested interests. A multi-pronged strategy is required in order to address this grave ill of society which may have already become systemic. In the political arena, there is a need to reform campaign finance and end or prohibit political dynasties. In the government bureaucracy itself, there is a need to target selected ―problem‖ agencies for government reform by enhancing transparency based on the public‘s priority concerns, as well as to strengthen the Office of the Ombudsman and study alternative ways of appointing the Ombudsman other than by the President. The proposals of the various presidential aspirants in the last May 2010 elections in relation to bureaucratic reform must be considered. There is a need to strengthen third party enforcement in order to reduce or check ineligible, political appointments. Efforts must be undertaken to reform the pay incentive system to make it more competitive and reduce temptations for corruption, as well as strictly adhere to the merit system of promotion and selection of officers/officials/managers. Opportunities must be opened to enhance civil society and private sector participation by increasing transparency through public oversight and by preventing corruption through collective action. Government employees themselves must be encouraged to be at the forefront of fighting corruption and inefficiency such as the innovative approach taken by PSLINK, the confederation of public sector unions of Philippine government employees. In the fiscal area, a major overhaul of the Philippine tax system must be carried out because exemptions given have created windows of opportunity for taxpayers in the higher income bracket to avoid paying taxes. In terms of financial controls, there is a need to minimize technical jargon and make the language of the government budget more simple in order to make it more understandable to the people. The bill on the Freedom of Information Act must be passed to pave the way for the full disclosure of all government transactions involving public interest. There is a need to simplify procurement and limit the boundary exchange processes to the front line levels in order to totally insulate offices mandated to perform review and inspection functions. Budget processes must be reformed in order to achieve discipline, allocative efficiency and operational efficiency. Legal-judicial reforms must also be implemented. These include undertaking specific procedural/penal reforms such as: (a) imposition of strict penalties; (b) increasing penalties for certain offenses; (c) termination and resolution of preliminary investigation proceedings within 30 days; (d) warrant of arrest to be accompanied by writ of attachment of property; (e) conduct of speedy trials or fast-tracking of high profile cases; and (f) no issuance of temporary restraining orders except by the Supreme Court. There is a need to carry out substantive reforms such as: (a) enactment of an additional law with whistle blower protection provisions; (b) amendments of certain provisions of existing laws that provide opportunities for graft and updating of the archaic or vintage provisions; (c) codification of the fragmented anti-graft laws; and (d) the integration of the anti-graft provisions of the widely scattered special laws. The possibility of merging the Presidential Commission Against Graft and Corruption with the office of the Ombudsman must 4

(c) carry out speedy action on appeals over decision on AFP courts-martial. municipal mayors. (f) disband organizations not authorized by the military. With these persistent democratic deficits.Democratic Deficits in the Philippines: What is to be Done? be studied. there is a need to develop. i. exchange programs with other countries which have already experienced the enhancement of their leagues may be carried out. (h) crackdown by the military on some "big fish" corrupt officers. There is a need to identify ways to enable local governments to cooperate and collaborate with one another and with other cities in other parts of the world in many aspects of governance. Local Government-National Government Relations. The need for capacity building in the face of various challenges on the ground is a major democratic deficit that can be addressed in the short. Lastly. intelligence.. and provincial governors. logistics. There is a need to develop an Integrated Master Plan for capacity building and training for Local governments at various levels.e. (b) strengthen security measures on those under detention. The politicization of the PNP has been brought about by the influence of local government units through financial support and recruitment recommendations. operations. must be implemented in order to prevent or when dealing with coup attempts when they happen: (a) administer a justice and rehabilitation program to military participants. (e) remove or reassign officers of less than 100 percent loyalty from sensitive positions in the military hierarchy. There must be efforts to document and replicate best practices in public sector–private sector collaboration in various local government jurisdictions. The following key recommendations contained in the Davide Commission report. among others. There is a need to professionalize the secretariats of the various leagues of barangay chairmen. (d) implement a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat. (g) observe a systematic selection process for the new Chief of Staff that generates the least controversy about the choice.to medium-term by reevaluating how resources are allocated and institutional strengthening is coordinated. The politicization of the AFP has been manifested in the more than a dozen coup attempts that have occurred in the past 24 years. city mayors. Armed Forces of the Philippines (AFP)/Philippine National Police (PNP) Reform. Alternative ways of raising revenues by local government units (LGUs) must be explored while more efficient ways of collecting local taxes must be adopted. enhance and periodically reevaluate performance indicators for LGUs. particularly in the areas of disaster management and environmental protection and preservation. 5 . The functions of the Inter-Agency Anti-Graft Coordinating Council to harmonize rules and joint activities must be strengthened. There is a need to reexamine the Internal Revenue Allotment (IRA) formula such that performance measures and poverty indicators should be included in the bases of the allocation. the Local Government Academy can coordinate all other education and training agencies. selected recommendations from the Davide Commission and Feliciano Commission are presented which have not been implemented but remain relevant to our times. and training functions.

(f) reinforce the Office of the Ombudsman by increasing funding and other support.Democratic Deficits in the Philippines: What is to be Done? (i) stop unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials. there is a need to: (a) ensure that part of the funding of the AFP Modernization Program should be dedicated to modernize and upgrade medical services. (b) review the geographic distribution of hospitals. (d) strike a balance between the commanders‘ discretionary powers over the centrally managed funds (CMF) and the amount of CMF in GHQ/service HQ hands. (c) simplify AFP procurement procedures. educational benefits abroad. (g) implement full computerization of data on soldiers and their dependents to facilitate processing of death benefits and other benefits. and compulsory attendance at military command schools (similar improvements may be done for the PNP). For the PNP. (b) establish an AFP Service and Insurance System. the following must be seriously considered: (a) remove negotiable and highly discretionary support from LGUs. (e) strictly implement control measures over supplies. especially those before the Commission on Appointments. and (n) work out a system between the President and the Commission on Appointments by which recommendations for promotions for the AFP can be categorized in practice to avoid the exploitation of the confirmation process for political purposes (this may also be applied to the PNP). (h) provide for increased allocation of funds for the AFP On-Base Housing Program as well as its Off-Base Housing Program. (m) institutionalize necessary improvements in the military in the areas of promotion and assignments. To improve the state of AFP medical services. and (c) study the scheme of hiring of doctors as doctors and compensating them according to their level of expertise and experience and not according to rank. (j) conduct of speedy and firm disciplinary action and/or prosecution against members of the military involved in human rights violations as well as of civilian law enforcement personnel involved in victimizing military personnel. and (c) remove LGU authority over the internal administration of the police force. The following key recommendations of the Feliciano Commission report must be implemented: (a) liquidate the AFP Retirement and Separation Benefit System (RSBS) in an orderly manner and return the soldiers‘ contributions. purchasing and auditing. 6 . (e) establish an autonomous Internal Affairs Office (IAO). (k) encourage the purchase or charter by Congress of its own transportation facilities and prohibition on the use of military equipment and aircraft. appoint and promote and discipline the police force without prejudice to an appropriate civilian review system. (b) reintegrate authority to the PNP Chief to recruit. (l) provision of sufficient resources and support to the Deputy Ombudsman for the Military. (f) set tenure limits for AFP finance and procurement officers. and (i) ensure the strict implementation of existing criteria for the awarding of government quarters to officers and enlisted personnel in the active service.

Entrepreneurship courses must be integrated in all tertiary degree programs to reorient students from an employment focus to an entrepreneurial mind-set. regional. and the regulation of the entry of foreign education institutions into the Philippines. focusing on feeding programs and financial assistance. including specializations. There is a need to increase the budget for education to make it at par with other countries (20 percent of the national budget or 4-4. The designation of additional universities must be halted and instead the quality of education in existing and universities and colleges. Existing budget policies and governance must be changed from budgeting without accountability to outcome-based budgeting.‖ focus on standards not standard operating procedures. There is a need to fully implement the Basic Education Sector Reform Agenda (BESRA) with some amendments. With the entire world as our workplace. in order to address the problem of poor families not being able to send their children to school. from annual budgeting to multi-year budgeting allowing for a spending plan that is realistic and can be planned and programmed. There is a need to seriously consider adding two more years to basic education (one additional year for elementary school and one additional year for high school) or alternatively lengthen the number of school days and school hours. from ―structure before strategy‖ to ―strategy driving structure. thereby shortening summer vacation. including mother tongue-based multi-lingual education in appropriate areas in the Philippines. The Philippines will be hard-pressed to achieve the Millenium Development Goals for Health if present trends and deficits in the health care system continue. raising the quality of education and addressing the many deficits therein is imperative. from ―security of tenure‖ to merit-based performance evaluation and rewards. The quality of teachers must be developed by revising bachelor‘s education—reversing it from two-thirds teaching methodology and one-third content to twothirds content and one-third methodology. there is no alternative but to equip our citizenry with the necessary skills and know-how in order to become productive citizens. must be improved.Democratic Deficits in the Philippines: What is to be Done? The democratic deficits and our recommendations in the area of Social and Economic Systems are the following: Education System. The Adopt-a-School Program of the Department of Education must be widely promoted among the private sector. With a fast growing population. Reforms must be carried out in financing the health care system through multiple fund sourcing. National 7 . The salaries of public school teachers at the basic education level must be trebled. A national master plan must be adopted in order to establish a new typology of Higher Education Institutions (HEIs) and a rational system of national. One selected university department in every academic discipline must be upgraded into an honest-to-goodness world-class national center of excellence. while those of faculty at state universities must be doubled. provided they meet certain criteria of qualifications and performance.5 percent of the Gross Domestic Product). There is a need to synchronize the curricula between and among basic education and higher education sectors in order to produce college-ready and work-ready graduates. among others. provincial and municipal/city universities and colleges. Health.

The environmental development goals contained in Philippine Agenda 21 must be pursued. PhilHealth support value for identified services in the basic package may be increased. Health regulations (including regulation of pharmaceuticals and other health care goods) must be reviewed and strengthened. Health services (basic/secondary/tertiary) must be organized by revisiting the Local Government Code and its implementation. The practice laws of the different health professions must be updated and rationalized premised on health care being a team effort. tetanus toxoid immunization. and reallocation from non-social service sectors. wholesaling and distribution strategies and retailing strategies. and condom use for the prevention of HIV/AIDS and sexually transmitted diseases (STD). Environment. and deployment of the various health professions. Finally. Related to this.Democratic Deficits in the Philippines: What is to be Done? government spending can be financed through borrowing (including re-financing of existing debts). Efforts must be made to improve health governance through the Department of Health (DOH) as lead institution in implementing reforms leading to universal health care. and integrating and organizing government facilities in accordance with the principles of primary health care based on an updated version of the Alma Ata Declaration. establishing autonomous and authoritative hospital authority or hospital boards. This can be financed from the present PhilHealth reserves and increasing premiums collection. The Health Sector Expenditure Framework must be linked with the medium-term expenditure framework of the rest of the social sector agencies. facilitating exchange of knowledge and experiences with Asia-Pacific Economic Cooperation (APEC) economies in order to build sustainable cities. Considered a biodiversity hotspot. The people‘s right to a clean and safe environment and other related rights have been undermined by environmental degradation. There is a need to integrate and strengthen health workforce regulatory functions under one body in order to unify standards and regulations of the production. micronutrient supplements and essential drugs by strengthening sourcing strategies. The country is also at the center of the adverse effects of climate change. For local government units. It is imperative to increase access to essential public health services including but not limited to family planning. there is a need to improve access to public health commodities including but not limited to contraceptives. practice. and harnessing community participation at all levels of the management cycle. additional tax sources. and prioritizing the following concerns in the rural areas: 8 . These include the implementation of Republic Act 9003 or The Ecological Solid Waste Management Act up to the barangay level. Measures must be taken to build sustainable cities and undertake renewal of rural areas. improving provincial-level coordination of local health service delivery. there can be mandatory increases in the proportion of IRA to be spent for health. there is a need to promote partnerships with civil society and the private sector in order to ensure full blown implementation of health sector reforms in pursuit of the overall harmonization effort. the Philippines is facing various threats to its environment. There is a need to manage and organize health information to maximize its value in reforming the health system.

The provisions of the Clean Air Act must be strictly implemented. and (c) the impacts and effects of aerial spraying. (i) strongly enforcing zone regulations. outmigration. such as by possibly merging the Government Service Insurance System (GSIS) and the Social Security System (SSS) and instituting a sustainable pension mechanism for an ageing population. There is a need to protect the rights of indigenous peoples in order to ensure the integrity and capability of ancestral lands that serve as ―environmental havens‖ and ―carbon sinks. Overpopulation and the increasing number of elderly persons are challenges because of the strain on limited resources for health care.‖ A workable criminal and civil liability framework must be put in place that will serve as a deterrent to and facilitate claims for environmental damage. (d) exploring more effective options for financing disaster risk and relieving the burden of disasters from the public sector. There is a need to rationalize the cost of these two programs and provide a common standard of old age protection to all workers. ―Green chemistry‖ and other clean technologies must be promoted through incentive systems. (c) crafting a National Adaptation Plan for Climate Change. Depopulation may also be achieved by promoting regulated out-migration of families which is in fact already being done. There is a need to put measures in place in anticipation of the increased ageing population. Overpopulation can be addressed through a combination of population management. A host of climate adaptation and disaster mitigation measures is recommended: (a) passage of a comprehensive disaster management bill. housing and other basic services. 9 . (f) making information campaigns on disaster risk management more systematic and well coordinated in all locational areas concerned. building codes and related laws in support of disaster risk reduction. (b) defensive measures in dealing with forest fires. (b) geo-hazard mapping of all regions in the country and the implementation of soil stability measures for landslide-vulnerable areas. The China model may be worth studying in this respect. including the idea of a catastrophe insurance pool. and (j) implementing disaster mitigation measures recommended by previous studies for countries in similarly situated areas. Population growth may be controlled by lowering the incidence of unplanned pregnancies through the provision of information on reproductive health to the public. and reform of the pension system.Democratic Deficits in the Philippines: What is to be Done? (a) areas that may be reserved for small-scale mining. (e) pursuing the promotion and undertaking the widespread use of renewable energy and promote energy efficiency to cut carbon dioxide emission. and by allowing people to determine their family size by providing them with information on the use of natural and artificial contraceptives. Population. (h) setting up a system for evaluating the utilization and impact of the Local Calamity Fund (LCF) of local government units. (g) integrating Disaster Risk Reduction concepts in the curricula of both public and private schools. Clean technology must be promoted while addressing pollution and environmental damage. regardless of sector of employment. and/or contingent credit facilities.

and investments. In the political sector. and (e) enhance connections within the government agencies involved in delivering goods and services to the public.Democratic Deficits in the Philippines: What is to be Done? Public-Private Sector Partnership. more efficient system of networks between the government. especially those which deal with tariff and trade. there is a need to: (a) improve on governance and efficiency in delivering social services to the people. The government should prioritize the creation of jobs. and (g) create and maintain a better finance environment for small and medium enterprises (SMEs). improving the physical environment and the telecommunications sector would help in the quality of product transportation and develop more efficient business transactions. (d) implement the complete disarmament of warlords and remove private armies from service to political families in Mindanao and across the country. including investment incentives. and revise those which seem to be outdated. particularly in areas in Mindanao where these challenges are rife. The absence of a strong partnership between the government and the business/private sector as the engine of growth is a deficit that must be addressed if we would like development to trickle down to the grassroots. (c) revise and strengthen loophole-riddled laws to decrease so-called ‗structural weaknesses‘ brought about by outdated and compromised legal and justice system. (d) properly implement set rules and regulations for the business sector and removing special treatment for a particular set of businessmen or companies. or will it exacerbate differences and problems between the central government and local units?. The democratic deficits and our recommendations on Special Concerns are the following: Insurgencies. and develop an orderly. This can be done through the following: (a) expand opportunities in agriculture and tourism to address the unemployment issue. This will give stability to employment through a ‗sustained rise of output and productivity‘ which creates an assurance in the people of improving welfare standards in the country. civil society and the private sector. 10 . Measures must be undertaken in various sectors in order to address these democratic deficits. (b) study the pros and cons of federalism—will it be a better solution to the Mindanao issues. (e) prioritize drafting policies and programs ‗geared toward facilitating the exit of inefficient firms and entry of new ones. this includes constitutional reforms and further definition and clarification of rules of engagement.‘ (f) push for agricultural and natural resource research and development programs jointly pursued by both the government and the private sector to increase productivity in these two major sectors. (c) review laws which have been set for the economy. proper implementation of rules and programs to render the best service possible. (b) strengthen the poor physical infrastructure of the country. The Communist insurgency and the Moro issue have derailed development in the rural areas.

and (e) remove constraints to domestic trade in order to link small farmers to markets. For the short-term. (c) develop projects for capacitybuilding for various local institutions. the following may be carried out immediately: (a) deliver food aid. Food Security. and (e) provide immediate supply of seeds. soil conservation by cash or food for work. Mindanao should be developed as the country‘s food basket. (b) increase smallholder farmer food production. (b) enhance the Madrasah educational system to cater to the intellectual and social needs of Muslim children. (b) rehabilitate access tracks. and (d) implement farm and non-farm livelihood projects. (d) rehabilitate damaged health and educational facilities. coupled with the proposal to impose a ceiling on the retail price of rice (for example PhP33. The following may be implemented in the short-term: (a) provide educational assistance to out-of-school youth. In the social sector. storage facilities. and (c) decrease and eventually abolish the presence of children involved in conflicts by safeguarding their rights to life and education. (d) manage macroeconomic implications. (c) provide farm and fishery materials and equipment. and make them more accessible to all. the other traditional areas for food production should not be neglected. (b) remove barriers to domestic trade. small bridges and irrigation facilities. fertilizer. and (b) make and strengthen partnerships between the government and private sector to push for the development of small and large-scale agricultural businesses. 11 . veterinary drugs/services and small pumps to those in need. and (e) develop health programs dedicated to the care of infants and children. (d) reduce post-harvest crop losses and community-based food stocks. The country has experienced food shortages from time to time which are a manifestation of how fragile our state of food security is in the Philippines. The following may be undertaken immediately: (a) enhance emergency food assistance nutrition interventions and safety nets. farm-to-market roads. the following may be implemented: (a) study the proposal to transform the National Food Authority into a postharvest service institution.00) instead of on the farm gate price (which is a lot lower) and help farmers to sell rice directly to consumers at that retail price. Food production and agricultural productivity programs must be put in place in order to deal with this deficit. However. (c) rehabilitate small-scale irrigation. (c) adjust trade and tax policies. (b) construct core shelters for displaced individuals and families. The following may be implemented in the medium-term: (a) draft feasibility studies for agricultural development and agribusiness prospects. there is a need to: (a) develop inter-faith dialogues as confidencebuilding measures to further discuss and understand issues which plague both the Muslim and Christian peoples in Mindanao.Democratic Deficits in the Philippines: What is to be Done? In the economic sector. feeds. and providing rehabilitation services for children who had gone through episodes of being involved in conflict areas.

(h) strengthen access of smallholders and other food chain actors to financial and risk management instruments.e. (b) stimulate public-private investment in agriculture. (g) support development of producer organizations. (f) ensure sustained access to competitive. Corruption/Rule of Law and Justice Reform. the following may be carried out: (a) improve enabling policy framework. (j) provide farmers in rural communities with better access to equipment. and (p) improve on aquaculture technology—higher yield from the fisheries sector would lower prices for protein-rich fish which could be used as substitutes for meat and poultry products. Development can only be pursued if there is a sound working relationship between the government and the private sector. 3. While most of the recommendations presented herein per issue area can actually be carried out by the concerned Cabinet secretaries and their respective departments. facilities and other agricultural supplies until they achieve self-sufficiency in producing their own crops for their own families. building more quality farm-to-market roads and better irrigation systems. (c) ensure secure access to and better management of natural resources. Public-Private Sector Partnership. not only in that particular region. in the following order of priority: 1.to long-term. (m) manage population and improve education. 12 . (l) secure public sector partnerships with the private sector and NGOs in research in order to help in the promotion of agricultural development. Insurgencies. (o) improve on agricultural technology—this includes finding ways to prolong shelf-life of products while not using expensive and harmful fertilizers and pesticides. Achieving respect for the rule of law and undertaking reforms in the justice system are very much closely related to eradicating corruption and inefficiency in the three branches of government. 2. and to the country as a whole. We believe that the most urgent tasks for the new leadership that in order to lay down the groundwork for economic development are as follows. (d) invest in agricultural research. (i) implement genuine agrarian reform programs which do not patronize selected sectors of society. Unless there is peace in the various regions. where vast potentials for development remain untapped. and optimizing soil usage through alternate cropping. Peace is a pre-requisite to development. the new leadership needs to focus on certain urgent tasks that correspond to the most critical democratic deficits. especially in Mindanao. it is very difficult. including land. within the next five years. water and biodiversity. Good housekeeping should be the first priority for the new leadership to be effective in implementing all other reforms. if not impossible to bring development to those areas. which will further ensure food security. but also for the whole Philippines. i. (k) speed up peacebuilding processes in Mindanao. (e) improve rural infrastructure.Democratic Deficits in the Philippines: What is to be Done? For the medium. transparent and private-sector led markets for food produce and quality inputs. increasing nutrient content of products. (n) strengthen physical infrastructure.

in contrast to purely personality-based leadership that we have now. 13 . Only by ensuring that our democratic institutions are capable and up to par in coping with our democratic deficits can we be assured of an opportunity to reduce or abolish these deficits. Local-National Government Relations. Implementing policy for development and basic services must be carried out consistently at various levels of governance down to the smallest political unit which is the barangay. Only by dealing with each of these democratic deficits in a holistic manner do we have any hope of rising above our own failures as a people. Political Parties/Electoral Reform. 5. The new leadership must ensure that a reconfiguration of the political party system as well as the pursuit of electoral reform will be carried out to pave the way for principled and party-based leadership.Democratic Deficits in the Philippines: What is to be Done? 4.

14 . We shall also attempt to identify. we are preparing to elect new leadership for our country with a presidential election and election of the new Congress all intended to bring about new politics. as far as practicable. Finally. the Philippines finds itself at the bottom of every list measuring the quality of life and various human development indicators. to the extent possible. the agency(ies) that will be responsible for the changes recommended. it was also socialized by the American colonizers to the ways of democracy. They are deficits in transparency. short-term. The ―what is to be done‖ shall. In the 1960s. They are deficits in representation.Democratic Deficits in the Philippines: What is to be Done? I. They are deficits in the economy which exports a lot but does not produce employment. medium-term and long-term. shelter and the many other fundaments of living are neither provided for nor are the opportunities to reach them given. They are deficits in the way we degrade our environment paying little attention to the next generation. many deficits of our democracy. the Philippines was second to none except Japan. Each one of the aforementioned deficits will be tackled. At the time of writing. Five decades later. Having been under the tutelage of the United States for nearly 50 years. We call this phenomenon as democratic deficits. their basic features described. they are deficits in the way health. Why are we where we are now? What has happened to the promise of democracy that political and economic freedoms will lead to the good life? What happened to the promises of our elected representatives that they are going to represent our interests? What happened to the political party members who sought our votes but who later on changed their political colors? What happened to the promise of the rule of law? Of predictability of outcomes? Of the value of hard work? Of integrity? Why are we now the Sick Man of Asia? The purpose of this study is to identify areas where democracy has failed us. they are interrelated and are linked to each other. They are deficits in the way we treat our minority communities. accountability and predictability. the Philippines was known as the ―showcase of democracy‖ in the Asia Pacific. They are deficits in the high number of Filipinos who are not able to obtain education and who are not given an opportunity to improve their lot. They are deficits in governance. food. water. INTRODUCTION Post-independence in 1946. we aver that while these deficits are presented as segments. It only ranks among the first in two lists: the list of the countries perceived to be most corrupt and the list of countries most hit by disasters. the major challenges identified and most importantly. They are deficits in the relationship between the local government and the national government. recommendations on how we proceed to reduce if not altogether abolish these deficits altogether. These are the many. the Philippines not only copied many features of the US political structures. Finally. be categorized into immediately doables.

15 . will it be old politics with new faces? It is hoped that this study may provide some guidelines for the new leadership in the three branches of government to be able to discern where we shall start mending and reengineering and streamlining as we tortuously and collectively decide that we no longer wish to be labeled the Sick Man of Asia.Democratic Deficits in the Philippines: What is to be Done? Or.

Absent the political parties. It is through political parties that such changes of leadership and policies may occur. committee participation and the like all require the backing of a political group or a coalition thereof. the number required will be either 16 . Democracy is underpinned by the principle of periodic changes of leadership. No one politician can promise to the electorate anything sans a political group/party backing him up. local government-national government relations and the increasing politicization of the AFP and PNP. political dynasties. the citizenry assumes that this promise will find realization in the legislators elected in Congress who will legislate along the promised ―eradication of poverty‖ of this political party. This will include the challenges of political parties/electoral reform.2 It is the political party which aggregates all the articulated interest of the citizenry. if one political party promises that eradication of poverty is the keystone of its government program once elected. initiating legislation. impeachment cases. It is the political party which brokers all the demands of the citizenry as they make known what they need in order to obtain the good life. puts it along some form that can be translated into policies. In some important cases like the declaration of a state of war. then. DEMOCRATIC INSTITUTIONS This chapter will present the democratic deficits in the area of democratic institutions. no ordinary law may pass without a majority of votes of its members.Democratic Deficits in the Philippines: What is to be Done? II. Thus. are the main vehicles of democracy. Parliamentary procedures on delivering speeches. for example. ratification of treaties. referendum.1 Political parties differ from other groups in their goal to get into positions of power and contest elections. Political parties. In the 24-member Senate and the 248-member House of Representatives. Political parties through their party platforms promise the electorate a certain way of governing. and impeachment are all enshrined in our fundamental law which gives every citizen not only the right to vote but also the right to oust its elected leader. The power of recall. The citizenry also signals to the elected leadership that sovereignty resides in the people and all government authority emanates form the people. the many demands of the citizenry will remain unarticulated and will find no voice in any of the instrumentalities of government. A. Important committee chairmanships and memberships are distributed along party strengths. initiative. then. therefore. Political parties provide the crucial choices that democratic elections are supposed to engender. corruption. rule of law and justice reform. Political Parties/Electoral Reform Role of Political Parties in a Democracy Political parties are so central to the life of any democracy.

Democratic Deficits in the Philippines: What is to be Done? two-thirds or three-fourths of the entire membership of the legislature. Thus. territorial or inter-territorial. Both Spain and America took advantage of the existing local administration at the time of occupation and both coopted the local leaders through vast 17 . namely. confessional or religious. reformist. Party members do not pay regular dues to fund party operations. what is the nature of political parties in the Philippines? Luzviminda Tangcangco. sometimes. They promote no distinctive visions or programs.3 Nature of Political Parties in the Philippines Given all the foregoing. A leader with no funds of his own to dispense will be unable to hold the party together. no one lone candidate running as an ―independent‖ can ever succeed in delivering on any of his electoral promises unless there is a political group/party or coalition backing him up. even ethnic or tribal. cadre. This is how important political parties are in the life of our democracy. according to membership: elite. regional. as follows:      according to political subdivisions and structures: national. local. according to type of leadership style: charismatic or personality.4 Perhaps. under United States for nearly 50 years and a brief 4 years of Japanese Occupation during the US Commonwealth period prior to independence in 1946. under Spain for nearly 400 years. the Philippines experienced three waves of colonization. They are dormant much of the time. The leader of the party is usually the one who can fund its electoral participation. has classified parties into five types. mass. They have no sustained programs for recruiting and nurturing new leaders. according to adherence to set of beliefs or principles: nationalist. They expect the party to financially support them. according to orientation and goals of group and group activities: power oriented and policy oriented parties and parties of action or parties of expression. communist. a Filipino scholar. Their hold on their leaders and members is weak. ideological. dictatorial. pluralist. coming alive only during elections. Since the 16th century. Randolph David who describes the nature of political parties in the Philippines as follows: Our political parties are incoherent and unstable. Philippine political parties are really brand names whose current owners trade on a bit of history to give themselves a touch of stature. They have no enduring organizational identities and no clear constituencies. no one can best describe Philippine political parties than noted sociologist Prof.5 A brief note on history.

Democratic Deficits of Political Parties in the Philippines What are the democratic deficits of Philippine political parties?7 The first deficit that we can identify is the deficit in accountability. After elections. Political parties in the Philippines are largely undifferentiated. 18 .‖ Thus. one may not expect a party vote in many cases. In fact. The deleterious consequence of undifferentiated political platforms and programs is clear. we shall see how this historical antecedent coupled with the electoral system will contribute to the emergence of many political dynasties. In the absence of a national strategy and program of government as guidelines to action. a political party leader usually banks on his own funds or relies on some business or other supporters for the campaign requirements of the party. credulous and childlike. Thus. their platforms merely a recitation of general principles.Democratic Deficits in the Philippines: What is to be Done? landholdings grants and power sharing in the local realms.‖6 In a later section. Political parties are not continuing entities as they should be. the political party members who have been elected will be hard pressed to follow a ―party line‖ because there is no defined ―party line. Thus. Why is this so? Why are the elected representatives not compelled to follow a party line? The answer lies in the nature of the campaign dynamics. The political parties which emerged prior to the grant of independence in 1946 were largely composed of landed elites which the United States encouraged as most of these colonial administrators believed that the masses were ―ignorant. come voting time for legislation. the oligarchy which Spain and America cultivated and nurtured eventually became the kernel of the present political parties. They do not have dues-paying members and as noted earlier. the voting citizens who have perceived certain promises of the candidates during the campaign period to be aligned with their demands will now expect these elected representatives to realize their promises in Congress or in the Executive positions to which they have been elected. the candidate who decides to be a member of a political party expects the party to finance his campaign and support him during the campaign period by financing his TV. radio and other media exposures. little differing from each other and their programs of government often unarticulated in a comprehensive national strategy. the clear absence of a national strategy of all the present political parties is a major democratic deficit as it immediately defines the lacunae of sets of policies that the party will be guided by if and when it gets into position or power.

may depart from the promised party program of government as the citizenry has little opportunity to compel compliance thereof. the elected party member is not compelled to vote according to a party line. When this happens. The party leader. not to the party. 19 . while there may be on paper a procedure for vetting candidates. we noted that all the platforms of political parties and their programs of government are not differentiated. we break the promise of democracy where the political party is supposed to be responsible for translating the demands of the electorate into decisions or policies. campaign contributions from business or even sometimes from foreign sources are directly given to the political party leader. For one. have changed their political parties and became ―guest candidates‖ of the other party. until next elections. So.Democratic Deficits in the Philippines: What is to be Done? Loyalty is engendered to the party leader. There is neither accounting nor auditing of campaign contributions. Earlier. where is accountability and responsibility here? Clearly. In some cases. for the highest position of the land. there is a huge democratic deficit here. when the time comes for crucial votes on major legislation. Most times. Since the candidate is beholden only to the party leader. We recall that since independence. then. it was reported that campaign financing is mostly sub rosa. Then. even the citizenry is hard pressed to make the parties accountable for the vague promises they made during the campaign period. in turn. then. this affects both party discipline as well as accountability of the elected representative to the electorate who voted him to power. come crunch time.8 What is the consequence of this kind of non-accountability in campaign finance? Clearly. In a study by Carlos on the dynamics of political parties. Alas. the reporting of election related expenditures are pro forma where the Commission on Elections (COMELEC) has neither the capability to question nor to check the reports of each party on campaign spending. what about the frequent changing of party colors of the candidates? This has been labeled ―turncoatism‖ and has been a fixture of the Philippine political landscape since independence. changing political parties or crossing the aisle as in the British tradition does not lead to political suicide in the Philippine context. three candidates for President. the party members do not ―grow‖ into the party. the turncoat even gains political capital and support when he changes parties. of course. The political party member easily transfers to another party where he thinks he will be more advantaged in many ways because there is no sanction linked to his changing party color. Thus. because political parties are not continuing organizations. Also. Why is political turncoatism so rampant? Recall the campaign finance we discussed earlier and the undifferentiated party platforms and programs. Despite the campaign laws on campaign finance.

there is a need for several approaches to change the way political parties behave by changing the landscape within which they operate within the short. This also has links with party finances. There is no loyalty engendered by paying dues by members.) What it may stipulate is better accounting of party funds as well as matching government support 20 . there must be clear rules of accounting and auditing of party funds within party so that no one person dictates who will get what and how much. Whatever passes of continuing education and training of its members are few.Democratic Deficits in the Philippines: What is to be Done? determining who will run in what constituencies. whoever has the gold. This way. far between and half-hearted at best. Where the political party member/candidate cannot be made accountable for the promises he made in behalf of his political party.to medium-term. Because party finance right now is basically controlled by the party leader. They will be revived or resurrected only when election comes. What is to be done? Clearly. sets the rules… No one in the history of Philippine political parties has been made to pay for changing party color. Party finance reform can also be legislated upon as it is being done at the time of this writing. democracy is seriously compromised. The implications for party accountability and responsibility are crucial to any democracy. There is a political party reform bill which failed to be legislated upon in the last Congress and which really needs to pass soon. there is no opportunity for serious and active recruitment of younger members who will grow into the organization. How do we stop political turncoatism? Party loyalty can only be engendered by making the political life of the party member linked with his party membership. Meanwhile. the accountability is clear. then. Political parties must have clear ways by which they finance their campaign and other activities and where government financing is absent. when the political party asks the party member to vote according to what the party dictates. As they say. The political party must be the only lifeline of the party member so that his advance in politics must rely on the decisions made by his party leaders. (See Annex A for Political Party Reform Bill. the support for the candidate forthcoming from the political party should be clear. then. these decisions are made only by few party ―big guns‖ if not made by the paymaster who is the party leader who controls all the funds. for most parts. then. What about party organization? What about party recruitment? What about party membership? What about continuing education and training of its members? All these are basically absent or merely pro forma as political parties become moribund as soon as elections are finished.

Given this stricture. we should also consider changing the system of government from the presidential form to a parliamentary one. a major source of corruption later. This accounted for the nearly two feet of ballot that will be used for the election on May 10. How did this huge number of party list groups come about? 21 . we may be able to compel party loyalty and we reduce the campaign period and even reform campaign financing. New elections may bring about new majorities or new coalitions. Note that in a parliamentary system. Vice President and the members of Congress and 30 days for local positions. And. there were 187 party list groups which were registered with the COMELEC. 2010. the election period can easily be truncated to three weeks which is just enough time for the candidate to go around his electoral district which consists of about 250. the campaign period is an excruciating 90 days for the President. The period for campaign should be radically shortened to 60 days for the national positions and 30 days for the local positions. the parliamentary system is definitely party government. the party or a coalition of parties obtaining the highest number of votes in the legislature gets to form the government of the day. This is also one way of limiting election expenses during campaign. This will be discussed at length in a later section of this chapter. on the average. As we can see. And. what about the election campaign period? Under present election rules. then. The requirements of having to campaign all over the 7. many changes in the party system. And. as in the case of Great Britain. In a parliamentary set-up. The election period need not be 90 days as it is presently because no one will run for a national position. when we shift to a parliamentary system. The one who will become Prime Minister under a parliamentary system runs as a regular member of parliament in his electoral constituency.107 islands of our archipelago is a gargantuan task not only requiring tremendous funding but huge logistical challenges. a political party member who has not been disciplined before will more likely be disciplined by his party members because the life of the political party relies on the continuing loyalty of the party members.000 inhabitants.Democratic Deficits in the Philippines: What is to be Done? for recognized and registered political parties. elections may happen anytime the government of the day gets a vote of ―no confidence‖ and is thrown out of office. Thus. What about the present party list system? In the 2010 election as of this writing. Concomitant electoral and legislative rules may also compel party members to stick not only to party lines but also not to cross the aisle or change political parties. This is expected to bring about many.

For a party to be eligible to sit through the party list. many groups claiming to be ―marginalized‖ sought accreditation with the COMELEC. Thus. Evidently. the party list was adopted which was a two-vote system for an individual party candidate and a political party. If this is not done before the next election. it must elect at least 3 candidates through the single member district system by plurality. it is easy to see how many times.‖ the number of groups included in the final ballot ballooned to 187 as it is now. Then. the COMELEC may again be confronted with the conundrum of having to go through so many groups who deem themselves marginalized and getting them accredited. the party list as practiced elsewhere like in Germany was intended to prevent the democratic deficit arising from political parties losing seats yet getting votes disproportionate to the votes cast for its candidates. if we amend the present party list law to reflect its real intent as seen in the German experience. then. This became the seed of what eventually became the Party List law which allowed so called marginalized groups to be represented in the Philippine Congress if they obtain two percent (2%) of the total votes cast so long as they do not exceed 30 percent of the total number of seats in Congress. the votes for the political party are added.) The party list system has wreaked havoc in our elections as so many. Each political party submits to the federal election body the party list containing an ordinal list of party members in advance of the elections. it will be quite difficult for even these groups voting collectively to vote in or vote out any bill for consideration in the house. then. (See Annex B for Party List Law. then. The mixed single member district and the proportional representation system reduces the misrepresentation that occurs when only the single member district is used. The party list system in the Philippines should be reformed along the German way of the party list.Democratic Deficits in the Philippines: What is to be Done? Some historical background is in order. Note that. If the political party garners 40 percent of the total votes cast. Thus. one for the individual and another for the political party. As it is practiced in Germany. parties getting so many thousands of votes for their candidates lose out in the number of seats they obtain. we would have less problems to grapple with come election time. Since the COMELEC officials themselves were not guided by clear rules or definitions about who are ―marginalized. During the martial law regime in the administration of President Ferdinand Marcos. Also. even with 20 percent of the seats granted to the party list groups under the present election laws. the system is a mixed single member district and proportional representation system. 22 . the voter casts two votes. In a single member district system using the first past the post system of plurality. it should get 40 percent of the seats in the legislature. there was a clamor for the representation of ―marginal‖ groups for sectors which were perceived as not adequately represented by the then Batasang Pambansa or National Assembly.

the members of the House of Representatives could not but kowtow to the President since the latter has a 6-year term and the former have to be re-elected for another 3-year term. Indeed. here we have a President with a fixed 6-year term without re-election having to work with a lower house which has a term only of 3 years . too. consider further the demands on the presidency which has only 6 years or about 2. Think of the wastage both of expertise of the Vice President as well as the allocation of a big budget of his office only to be a waiting post. First. Second. it is not surprising that many of the minority party members will now do a collective swearing in to the party in power so they can gain in the largesse of a majority party who is able to make decisions on the allocation/release of the pork barrel and committee chairmanships and memberships. this may be the appropriate time to consider the various institutional challenges of our democracy altogether. the requirement for the election of the members of the Senate nationwide continues the onerous need for tremendous amount of money for campaign funds and for special interests to be catered to as a result of such ―obligations‖ for payback after elections. however. in regard to the tenure of the President vis-à-vis the tenure of the members of the House of Representatives. Either we change to an election system where the two top executives are elected as a team or we altogether remove the Vice Presidential position. The empirical evidence. because of this power configuration. Because the President cannot be re-elected. what happened to the party line? What happened to the election promises which now have been buried in the Realpolitik of the numbers in the House? Then. we have a system where the Vice President is elected separately from the President. We have seen the deleterious effect of this where the Vice President belongs to another political party and is left simply as a ―spare tire‖ and effectively sidetracked while waiting for the President to be incapacitated or to die.100 days which demands will certainly go beyond 6 years in its implementation. in a parliamentary system. Third. This situation becomes a compelling reason for the adoption of a parliamentary system. is mixed in regard to long terms of the Chief Executive. the Vice Presidency will not be necessary.Democratic Deficits in the Philippines: What is to be Done? Since we have noted the possibility of considering the parliamentary system. So. Given the rampant turncoatism among the party members. it is possible for one to just sail along since there is no more incentive to perform because of the no re-election rule. Fourth. The abolition of the Senate may be seriously considered and the reversion to a one-chamber legislature should be considered. 23 .

we have noted that the party list as it is practiced today has departed quite far from what it should be as part of a proportional representation solution to the underrepresentation in the legislature. where there is no party majority and where coalitions at best are resorted to. Alas. within the House of Representatives. in regard to campaign finance. and limiting election expenses Radically shorten the election campaign period to 60 days for the national positions and 30 days for the local positions    24 . matching government support for recognized and registered political parties. in the present system. Sixth. many bills which should be the subject of legislation are not able to pass because the political party system is broken and there is no party line and there is no concomitant party accountability. Finally. Again. Committee chairmanships and members. This can be part of the electoral reform that has been noted in another section in this chapter. there is no way such accountability can happen because political party members change political color depending on expediencies.Democratic Deficits in the Philippines: What is to be Done? Fifth. the support for the candidate forthcoming from the political party should be clear Institute clear rules of accounting and auditing of party funds within party so that no one person dictates who will get what and how much Pass the Political Party Reform Bill into law for better accounting. in a parliamentary system. House rules and procedures become hostage to the numerical configuration in the House never mind the election promises and never mind the bigger challenge of changing things through legislation. Further. Recap of “What is to be done?”   Link the political life of the party member with his party membership so that his advance in politics must rely on the decisions made by his party leaders Require political parties to have clear ways by which they finance their campaign and other activities and where government financing is absent. there should also be a change here where the government shares in the campaign finance as a proportion of the votes received by the political party in the previous election. we have noted elsewhere the party list anomaly where the number of marginalized groups has become so many and the COMELEC is hard pressed to define who the marginalized groups are. governments will flourish or be forced to resign on a vote of confidence dependent on whether they respond to the needs of their constituency.

Despite the term limits of three terms for members of the House of Representatives and two terms for the members of the Senate. the relatives of those earlier elected clearly have an advantage when they replace the incumbents. However. the major bane of democracy is that each one of us votes to benefit and not to deliberately harm ourselves. compel party loyalty. we will be able to overcome the many complications present in a presidential form of government.Democratic Deficits in the Philippines: What is to be Done?  Reform the party list system in the Philippines along the German way of the party list which is a two-vote system for an individual party candidate and a political party as part of a proportional representation solution Change the system of government from the presidential form to a parliamentary one which is expected to bring about many changes in the party system because the party or a coalition of parties obtaining the highest number of votes in the legislature gets to form the government of the day. daughters. Unfortunately. Political Dynasties Prohibition on Political Dynasties Article II. As noted in the previous section. no one Congress has been successful in passing an anti-dynasty law to put flesh to this constitutional right to equal opportunity to serve. cultural and legal environments of our elections. husbands of other elected officials. election requires tremendous resources which resources become the advantage of the incumbent. sisters. section 26 of our constitution states that ―The state shall guarantee equal access to opportunities for public service and prohibit political dynasties…. an anti-dynasty law may be considered antithetical to democracy which enshrines the right of every one to vote and to be voted upon.‖ Given this constitutional stipulation. Indeed. wives. Many sessions in Congress reportedly failed to take up any anti-dynasty bill as it is invariably referred to the Committee on Electoral Reform which effectively kills it. not enough of us can go beyond our self-interest and vote for the interest of the bigger whole.  25 . sons. the requirement for a level playing field for any one candidate is violated many times. In principle. by shifting to a parliamentary system. reduce the campaign period and even reform campaign financing where government shares in the campaign finance as a proportion of the votes received by the political party in the previous election B.9 The problem is that many of the members of congress will directly be affected by the passage of this anti-dynasty bill as many are brothers. given the many economic.

Democratic Deficits in the Philippines: What is to be Done? What is to be done? Because of the difficulty of passing an anti-dynasty law, it may be better if we level the playing field giving everyone the opportunity to render public service in the area of electoral reform within the short- to medium-term. We have given some recommendations on reform of campaign finance which is now crucial to ensuring that not only the more endowed financially can contest our elections. Then, the reform of the political party is also in order to change the election campaign period, the procedure for vetting of candidates, the manner of electing through the two-ballot system and others which are all designed not to favor incumbents who have access to and indiscriminately use public resources. More strict laws sanctioning corruption and misuse of public resources are taken up in a later section on corruption. Then, too, the notion of ―good dynasties,‖ which is an oxymoron, goes against the need for periodic changes of leadership and not simply periodic changes of faces with the same names. This clearly is a democratic deficit. Alfred McCoy who wrote a monumental study on elite politics in the Philippines has correctly diagnosed the challenge thus: …the Philippine executive has, as an institution, compromised the integrity of the bureaucracy and allowed the privatization of public resources. Over the long term, then, we can conclude that such policies weaken the state and empower elite families, ultimately limiting the capacity of the bureaucracy to direct entrepreneurs and lead the country‘s development. Through this particular interaction between strong families and weak state, the Philippine economy has declined markedly compared with its neighbors in eastern Asia. In South Korea, Singapore and Thailand, the state has played an active role in national development, avoiding the arbitrary and ultimately destructive partisanship rampant in the Philippines. Such a system leaves an ambiguous legacy. By fusing politics and business, elite Filipino families have proved adept and aggressive at rent seeking, subverting public institutions to promote private accumulation. After a century, these political families have accumulated sufficient power, prestige, skill and wealth to perpetuate a system that serves its interests. Indeed, any attempt to use the state to restrain these elites may, as it did in the Marcos era, merely mask a partisan attack by new, even more avaricious families. This subversion of the public wealth in the service of private, familial wealth may be a corruption under the law but it is also the dominant feature of politics as practiced in the Philippines. (emphasis ours)10

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Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  Level the playing field through reform of campaign finance by reallocating resources and giving opportunities to less financially endowed but capable candidates to enter the political arena Reform of the political party in order to change the election campaign period, the procedure for vetting of candidates, the manner of electing through the two ballot system and others which are all designed not to favor incumbents who have access to and indiscriminately use public resources Pass more strict laws sanctioning corruption and misuse of public resources (taken up in the chapter on corruption) C. Rule of Law and Justice Reform Rule of Law in the Philippine Context Retired Chief Justice Hilario G. Davide, Jr. (who later became Permanent Representative to the United Nations) defined the scope of the rule of law based on the United Nations definition: From the United Nations definition of the Rule of Law, which includes, inter alia, these universal principles of: laws publicly promulgated, equally enforced and independently adjudicated and which are consistent with international human rights norms and standards; supremacy of law; equality before the law; accountability to the law; fairness in the application of the law; legal certainty; avoidance of arbitrariness, and procedural and legal transparency, it is abundantly clear that an independent, effective and efficient judiciary is indispensable to the protection, promotion and enhancement of the Rule of Law.11 Then Justice Artemio Panganiban (who later became Chief Justice) clearly explains the context of rule of law in the Philippines: The 1987 Philippine Constitution guarantees the independence and integrity of the Philippine Judiciary by placing it on equal footing as our lawmaking body (Congress) and law-executing official (the President). Our fundamental law has given our Supreme Court not only the final authority to review and correct errors of all courts in the country, but has also mandated this Court to nullify any act of any branch or official of the government -- including that of the legislative or executive department -- when that act has been done with ―grave abuse of discretion.‖

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Democratic Deficits in the Philippines: What is to be Done? The security of tenure of all judges, from the lowest to the highest courts, is guaranteed by our Constitution. On condition of good behavior, all our magistrates serve until they reach the age of 70, without any extension. Only by the tedious process of impeachment may the members of the Supreme Court be removed; while only for cause duly proven -- and only by the Supreme Court, not by the President or Congress -- may all other lower court judges be removed from office or otherwise disciplined. Moreover, the judiciary is constitutionally granted fiscal independence in two ways: (a) the salaries of members of the bench cannot be decreased during their terms of office, and (b) the appropriation for the entire judiciary cannot be decreased by Congress below that for the previous year. Once approved, the judiciary budget shall be ―automatically and regularly released‖ to the Supreme Court. The Supreme Court, not Congress, prepares and promulgates rules of procedure and evidence in all courts in our country. Also, the Court decrees rules ―concerning the protection and enforcement of constitutional rights,‖ a prerogative that is quasi-legislative in character. Moreover, it controls admission to the practice of law; for this reason, it conducts the annual bar examinations. It is also empowered to discipline, suspend or disbar lawyers.12 Rule of law is the basis for achieving justice and can be effectively used to advance national development through effective public administration.13 However, it should be noted that the rule of law is upheld and supported by the complex justice system in the country, not solely by the judicial branch: The judiciary is the branch of government tasked with interpreting laws and determining their application in actual disputes. As such, it is the branch most visibly engaged in justice administration. This is why the justice system is sometimes thought to be synonymous with the judiciary, even if it is not the only government branch engaged in the administration of justice.14 The latest study of the Asian Development Bank captures how the justice system in the Philippines is configured (See also Table 1): The justice system of the Philippines is a sophisticated network of government branches, agencies, and offices for dispute resolution, investigation, prosecution, police action, and correction and rehabilitation of offenders. No one government branch or office performs all of the above functions…. The legislative, judicial, and executive branches of government, as well as independent justice sector agencies created by the Constitution or other laws, all participate in the administration of justice.

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Democratic Deficits in the Philippines: What is to be Done? Since it is not the province of a single government branch, justice administration requires cooperation and coordination among government branches to proceed effectively and efficiently. However, achieving cooperation and coordination is a challenge. The country adopted a government that operates under a system of checks and balances, so that each branch ensures that the others do not abuse their powers. In addition, commissions and agencies independent of all government branches have been set up as further checks on government abuse. Such a system comes with the risk that justice administration agencies will relate to each other in an adversarial—rather than a cooperative—fashion.15 Table 1 The Philippine Justice Sector16 Office Branch of Government Courts Judicial Branch Quasi-judicial bodies Executive Branch (including National Labor Relations Commission) and administrative agencies with quasi-judicial functions (such as Presidential Anti-Graft Commission) Barangay Justice System Executive Branch (Department of the Interior and Local Government) National Commission on Executive Branch (Office of the Indigenous Peoples President) Commercial arbitration and Framework set by legislature, other alternative dispute implementing rules to be set by resolution mechanisms Department of Justice, corresponding rules to be adopted by judiciary Juvenile Justice System on Executive Branch Diversion (local social welfare and development departments, barangays, law enforcement officers, prosecutors) National Prosecution Service Executive Branch (Department of Justice) Office of the Solicitor General Executive Branch (Department of Justice) Ombudsman Independent Constitutional Commission Commission on Elections Independent Constitutional Commission Commission on Human Rights Independent Constitutional Commission Commission on Human Rights Independent Constitutional Commission Ombudsman Independent Constitutional Commission Anti-Money Laundering Independent financial intelligence unit Council Presidential Anti-Graft Executive Branch

Function Dispute Resolution

 

  

Prosecution

        

Law Enforcement: Investigation

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Challenges to the Rule of Law Respect for the rule of law has been a growing issue in developing and under developed countries where human rights issues and the need for dispute resolution mechanisms are the main concerns of the judiciary in those countries. Lao. former President Joseph Estrada‘s trial for plunder.Democratic Deficits in the Philippines: What is to be Done? Commission  Various executive and administrative agencies  Philippine National Police  National Bureau of Investigation  Philippine Drug Enforcement Agency  Other law enforcement agencies and agencies with power to arrest and effect searches and seizures  Public Attorney‘s Office  Bureau of Corrections  Parole and Probation Administration  Bureau of Jail Management and Penology and Philippine National Police-supervised jails  Provincial Jails  Department of Social Welfare and Development  Local government units Law Enactment  Senate  House of Representatives Executive Branch Executive Branch (National Police Commission and Department of the Interior and Local Government) Executive Branch (Department of Justice) Executive Branch (Office of the President) Executive Branch Law Enforcement: Police Action Public Defense Corrections Executive Branch (Department of Justice) Executive Branch (Department of Justice) Executive Branch (Department of Justice) Executive Branch (Department of the Interior and Local Government) Executive Branch (local government units) Executive Branch (Department of Social Welfare and Development) Executive Branch (local government unit) Legislative Branch Legislative Branch Source: Christine V. there are many examples from the local level to the national level of how the rule of law has been simply challenged. In the Philippines. disregarded or even disrespected—politics in the province of Abra. 2007. Background Note on the Justice Sector. the Maguindanao massacre and the ongoing trial of the Ampatuans. the power of the President to appoint the next Chief 30 .

Democratic Deficits in the Philippines: What is to be Done? Justice of the Supreme Court. Case disposition is a major indicator of the efficiency of the dispensation of justice.18 This means inadequate pay incentives.19 The Shari‘a justice system has its share of unique challenges. the load of the courts is still overwhelming. The vacancies in the judiciary. Challenges to the Philippine Justice System Closely related to the rule of law is the justice system. The triggers may either be internal or external to the government and socio-cultural or political in nature. are influenced by and/or are copied from American law that. and the various factors impinging on the decision-making processes in the Supreme Court as well as the Judicial and Bar Council. the lack of legal aid for poor litigants. varying degrees of incompetence due to lack of information flow and training.17 In terms of resources at its disposal. The new Civil Code and Revised Penal Code are basically of Spanish origin. is based on the common law system. the lower courts must decide a case in 90 days after submission for decision. Philippine substantive law traces its origins to the substantive law of Spain. however.) Marites Danguilan Vitug summarizes statistics on the Philippine judiciary. (See Annex C for a detailed discussion of these various examples of Challenges to the Rule of Law. (See Annex D for a detailed discussion of the Challenges to the Philippine Justice System. population increase with accompanying socio-economic problems. The procedural laws and commercial laws. outdated equipment. or when the system of checks and balances is undermined. lack of courtrooms and other unanswered infrastructure needs. The Philippine legal system is a melting pot of three legal systems in the world: The Philippine legal system bears significant influences of three major legal systems: the Roman system. Under the Rules of Court. common law system. inadequacies of trial lawyers. this way: 31 . The Code of Muslim Personal Laws is influenced by the Islamic legal system. piecemeal trial system.000. complexity of procedural rules. and absence of limits in other government agencies to act on cases filed further compound the problem of heavy caseload.798.81% of government spending. in turn.) These examples show that the rule of law is circumvented when one or more institutions fail to implement and enforce appropriate laws. particularly the long delays in resolving cases.00 that represents 0. it had a PhP10. the Philippine Judiciary does not have much compared to the other agencies of the executive branch—in 2008. which in turn was shaped by Roman law.274. and Islamic system. While there have been some improvements in the disposition of cases.

” According to Davide.  The vacancy rate of judges and Justices in the first and second-level courts as of April 2009 was 23. at all times it must be truly independent. The figures would translate to something roughly like this: every judge wrestles with more or less 30. and the seeds of such reform were contained in document entitled.  As of December 2007. accessible and cost-effective legal service to the people and is willing and able to answer the call to public service. All these show that there is no match between the number of judges and Justices and the pending cases.213 cases pending in the courts (except the Supreme Court). It was highest in the Shari‘a district and circuit courts.693. discharge its duties effectively and efficiently.  The backlogs were tremendous: 695. followed by municipal circuit trial courts and metropolitan trial courts. equal justice. the document ―envisions a judiciary that is independent. Pursuit of excellence demands that judges and court personnel are not only qualified. with most (356.20 Overall. It declares that the administration of justice must be geared to achieve the goal of delivering fair. effective and efficient and worthy of public trust and confidence and a legal profession that provides quality.‖21 Davide further explained: I have always maintained that the judiciary is the protector of the rights and freedoms of the people. and the guardian of the Rule of Law. in 2008. we note that concrete steps are being taken to address this challenge.88%. the development of the Philippine judiciary has not kept abreast of the growth of the Philippine population. the last bulwark of democracy. and maintain public confidence.7 judges for every 100. this fell slightly to 6.  The total number of judges and Justices as of 2008 was 1. the core values of the rule of law. there were 642.998) lodged in the regional trial courts. Hence. as wells as of the more complex and increasing number of human activities that result in legal cases. ―The Davide Watch: Leading The Philippine Judiciary and the Legal Profession Towards the Third Millennium.000 persons.000 cases. reforms were initiated and vigorously pursued under the leadership of then Chief Justice Hilario G.81% or less than 1% of the whole pie. was .Democratic Deficits in the Philippines: What is to be Done? The statistics are dire:  The judiciary‘s share of the total budget. Considering the many challenges to the Philippine Judiciary. But. and the pursuit of excellence should be preserved and at all times be predominant.286 cases (excluding the Supreme Court) as of 2007. 32 .  As of August 2009.770. impartial and swift justice. pending cases before the Supreme Court numbered 6. Davide. Thus the courts are inundated with work and backlogs are overwhelming. Jr. judicial independence. ethical.455 in December 2008. Hence.  There are 2.

Democratic Deficits in the Philippines: What is to be Done? competent. Writ of Habeas Data.23 During the tenure of Chief Justice Reynato Puno from 2006 to 2010. (4) Institutional Integrity Development component. and the United States. the Supreme Court has promulgated several writs in support of the rule of law. they must perform their duties with passion and dedication to fulfill the public trust character of their office. (3) Human Resource Development component. Thus. in 2007. and men of honesty and integrity. namely: (1) Judicial Systems and Procedures component. the American Bar Association-Asia Law Initiative. Writ of Continuing Mandamus and landmark decisions on landmark decisions on the Ancestral Domain Agreement on the Bangsamoro Juridical Entity and the clean-up of Manila Bay by the government (discussed in the section on Environment. in which we called on all the significant stakeholders of the justice system to find solutions to the embarrassing extrajudicial killings and enforced disappearances. chapter on Social and Economic Systems). (2) Institutions Development component. Writ of Kalikasan (discussed in the section on Environment. I underscore unprecedented because. I do not know of any other country in the world that has enjoyed similar global assistance for the modernization of its judicial system. could not remain passive vis-à-vis these continuing assaults on the human rights of our people. in its more than 100 years of its existence. Justice Panganiban notes that the APJR ―has become a model for developing countries‖ and ―has earned the support of all major multilateral developmental institutions: …like the United Nations Development Program (UNDP). Japan. as well as assistance from private donor organizations like The Asia Foundation. The APJR is composed of six major components. and the Rule of Law Effectiveness (or ROLE). funding grants from national aid agencies of several countries including Australia. the High Court had not taken this step forward. Great Britain. Canada. (6) Reform Support Systems component. (5) Access to Justice by the Poor component. chapter on Social and Economic Systems): As Chief Justice. the European Union (EU) and the Asian Development Bank (ADB).22 Justice Davide initiated what has been dubbed as the most comprehensive reform package for the Philippine Judiciary—the Action Program for Judicial Reform (APJR). the World Bank (WB). the Netherlands. It as essentially been continued by the succeeding Chief Justices Artemio Panganiban and Reynato Puno. with all its expanded powers. I thought that the Supreme Court. I initiated an unprecedented summit. consisting of the Writ of Amparo. The APJR has had some measure of success which may be attributed to the substantial support it has received from various countries and international aid agencies. 33 .

Without that Decision. some 4. Hopefully. informal. These two remedial writs have given a substantial shield to our people whose right to life. and no more will be the public misunderstandings of its procedure. a ponencia of Madam Justice Conchita Carpio Morales. or threatened with violation. in which the amount in question is not more than P100. and gave rise to a lot of question marks. if only because they will lend greater transparency to the inner workings of the High Court. which some suspected would just be another idle talkfest.000 cases have been resolved by these Small Claims Courts. The summit gave birth to the Writ of Amparo and the Writ of Habeas Data. From its experimental launch in October 2008. the Supreme Court was able to promulgate its Internal Rules before the end of my term. It should involve the entire justice sector. international aid agencies and the international community. inexpensive and fast. There are common threads of justice reform in previous studies that we recommend that the government should consider as it undertakes such a herculean task (See also Annex E for Asian Development Bank and World Bank Perspectives on Justice Reform): Justice reform should be participatory. including agencies in the executive and legislative branches of government. …to help the poor who are involved in petty civil cases. we have launched the Small Claims Courts nationwide.Democratic Deficits in the Philippines: What is to be Done? The call raised eyebrows. The success of these two writs cannot be gainsaid. the Supreme Court launched the Small Claims Courts with special rules to govern them. the shroud of mystery that veils its processes will be no more. But I am glad that my colleagues in the High Court supported the summit. The rules governing these claims are simple. If they continue to succeed — and there is no reason they will not — these Small Claims Courts could completely unclog the dockets in our first and second Level Courts in two or three years time. the Philippines would have been dismembered.000. These Internal Rules are important.24 What is to be done? Ongoing reform efforts in the Philippine justice system must be holistic and comprehensive if we would like the entire justice system to perform in concert. …I am glad that after more than one hundred years of its existence. knitted foreheads. Spurred by their success. liberty or security is violated. and even the larger society. …our Decision annulling the controversial Memorandum of Agreement – Ancestral Domain Agreement between the Republic and the Moro Islamic Liberation Front. Statistics show that today our people make use of the Writ of Amparo more than the Writ of Habeas Corpus. by an unlawful act or omission of a public official or employee or of a private individual or entity. 34 .

NBI and other police agencies which will store data on crime offenders. competitive compensation for human resources. Inc. to decriminalize certain offenses under the Revised Penal Code and special laws and codification of criminal law. The integrated system will have the following system components: a) Crime management information system of PNP. including the so-called five pillars of the justice system. resource generation and management. The amendment of Batas Pambansa Blg. This can be carried out in the medium-term: A deeper study to decriminalize and de-penalize certain offenses where there is no specific offended party is necessary to improve the adjudication process. unjust vexation. Justice reform requires inspired leadership by the Chief Justice in order to follow-through the various reform measures in the long-term. for instance. We advance and support the following recommendations covering the various aspects of reform in the justice sector.25 Need for rationalized and coordinated law enforcement We support the recommendation of CPRM Consultants. 22 (Bouncing Checks Law) must likewise be studied.26 We support the recommendation to design and adopt an integrated criminal justice information system which may be carried out in the medium-term: The design and installation of an integrated criminal justice information system that will link crime and case information across the pillars is recommended. and other crime indicators. sustainability and flexibility. simple disobedience to an agent or a person of authority. The 35 . many crimes against property would no longer be brought before the regional trial courts as they would already be resolved at the level of metropolitan and municipal trial courts. failure to render assistance of or assume public office. Legislation is also needed. crimes. Justice reform should always take cognizance of access to justice by the poor whose only recourse is the government. a disciplinary regime.Democratic Deficits in the Philippines: What is to be Done? Justice reform should cover the various aspects of governance—a consistent legal framework. The codification of criminal law is also proposed. to abolish the crimes of prostitution. premature marriages. and traffic violations. If the Code is amended. causing alarms and scandals. vagrancy. and so is the adjustment in the threshold amounts with regard to crimes against property under the Revised Penal Code.

their conditions. case documentation and 36 . d) Jail management information system which will provide information and management tools in tracking prisoners.Democratic Deficits in the Philippines: What is to be Done? system will also support police operations by allowing information sharing to facilitate tracking of suspects and cases. interrogation and field investigation. arrest. b) Modernizing the crime laboratory. b) Prosecution system which will contain a case management information system that will support the management of specific cases and overall caseload. The development of crime classification and crime indicators will be necessary in establishing the criminal justice information system.27 We support the recommendation to adopt a holistic approach to the improvement of the crime investigation system of the police which may be implemented in the medium-term: Improving the overall capacities of the police for crime investigation will require a holistic approach that will involve the following: a) Improving and integrating police manuals into one manual for police operations. status and activities and other relevant information. The outsourcing of scientific analysis of evidence should be considered to improve efficiency and strengthen independence of the process. c) Strengthening the independence of crime investigations and the analysis of evidence and providing institutional mechanisms for insulating these. d) Establishing mechanisms to ensure that prosecutors get all the evidence. including among others specific improvements on investigation procedures. improving its capacity for scientific analysis of crime case evidence. crime mapping. and crime analysis. f) Strengthening the curricula and teaching technologies in PPSC on crime scene investigation. interrogation procedures. and rules on evidence. e) Improving case documentation procedures and skills in police report preparation. c) Court case management system which will provide information and management support required in the management of caseload and case management by judges and clerks of courts. eyewitness identification procedures. e) Criminal justice information sharing system which will allow exchange of information across the pillars within the bounds of disclosure policies.

Democratic Deficits in the Philippines: What is to be Done? reporting. We support the recommendation to remove duplication.29 Need to strengthen the prosecution agencies We support the recommendation to establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy which may be done in the long-term: Consider establishing an independent National Prosecution Service. i) Developing peer to peer and office dialogue mechanisms for regular and collective analyses of crime cases and for information and experience sharing. thus removing duplicative overhead expenditures and conflicting jurisdictions. and clarify accountability. g) Improving the remuneration of the police force as a way of strengthening their insulation from undue politicization and corruption. c) Reintegrating police powers and functions now assigned to more than 30 national government agencies to a reorganized PNP/NBI. and PNP/NBI. overlapping. and remove institutionalized politicization of the police which can all be done in the long-term because of the high degree of difficulty of this endeavor: In order to conserve severely limited budget resources. Mastery of the police manual should be a precondition for completion of the training and education program. a system-wide rationalization of police institutions should be undertaken through the following measures: a) Removing duplication of functions and jurisdictions between the National Bureau of Investigation (NBI) and the Philippine National Police (PNP). improve overall coherence and efficiency. k) Piloting these and other institutional reforms at the police station level and creating pilot model police stations28. j) Focusing policemen on just doing police work and not deploying them as body guards of important people. and witnessing in courts. h) Improving the resources and facilities of court stations and their services to vulnerable groups. proliferation and fragmentation of law enforcement functions. b) Reintegrating specialized crime agencies into the regular police force. reintegrate police functions. together with the operationalization of reforms in judicial 37 . and d) Defining the role of local governments in policing.

The parameters for the independence of the prosecution and police must be defined while operating within the reasonable bounds of existing administrative and financial management laws. rules and regulations of the government. We also support the recommendation to strengthen the capacities of prosecution agencies—National Prosecution Service (NPS) and the Office of the Ombudsman: The government must strengthen the core capacities of prosecution agencies simply by providing more prosecutors to the National Prosecution Service (NPS) and the Office of the Ombudsman (OMB). and strengthen its independence. organization and staffing. Caseload fluctuations can be addressed by adopting some flexible prosecutor deployment and tenure mechanisms which may include outsourcing prosecutors and providing legal research staff to prosecutors. we are hopeful that concrete steps can be taken. The implementation of judicial independence reforms include the adoption of a one-line item budget which should be automatically and fully released by removing transactional requirements.30 With the enactment of the Act Strengthening and Rationalizing the National Prosecution Service in April 2010. and removing NPS as an organic structure of the DOJ and establishing it as an independent agency. putting in place mechanisms for the objective determination and automatic remittance of LGU support to the courts. This may be implemented in the medium-term: Within severely limited budgetary resources. This will include addressing the following issues: removing negotiable and highly discretionary support from LGUs. and assumption by the Judiciary of the authority to determine the details of its budget. improve access and efficiency. reintegrating authority to the PNP Chief to recruit. The criteria for the determination of the appropriate number of prosecutors should be established based on caseload. for example. through deployment of law students as practicum. removing LGU authority over the internal administration of the police force. Need to reengineer the public defense system We support the recommendation to undertake detailed review and reengineering of the entire public defense system to improve its capacity to provide services. These will require legislation and long-term development of institutional capacities as well as considerable political will. This can be carried out in the short-term.Democratic Deficits in the Philippines: What is to be Done? independence. the government must improve the efficiency of expenditures for public defense by adopting among others good 38 . appoint and promote and discipline the police force without prejudice to an appropriate civilian review system.

c) Establishing PAO as an independent agency with some corporate powers. b) Refocusing the role of PAO from directly providing legal services to mobilizing and managing the country‘s resources for public defense. c) Providing mechanisms for private sector participation in restorative justice and providing half way houses particularly for women and youth offenders. Such devolution program will involve: a) Transferring to provinces. cities and municipalities the responsibility for the provision and maintenance of local jails. This may be done in the short-term: 39 . b) Streamlining the oversight agencies of national government by removing their delivery functions and strengthening their role in providing and enforcing standards.g. providing and enforcing service standards and providing technical assistance). devolve delivery while maintaining strong oversight.32 We also support the recommendation to amend the Probation Law to expand its coverage. e) Enacting a law. allowing it to mobilize private sector resources. requiring all law firms. IBP and alternative law groups to improve geographical access of public defense services particularly in remote areas. law students and law practitioners to render free legal assistance to the poor and remote barangays. d) Assigning public defense functions to LGUs (starting with high income LGUs) with PAO performing oversight roles and functions (e. A detailed review and reengineering of the social defense system is needed considering the following: a) Integrating all legal services of the national government into the Public Attorney‘s Office (PAO).31 Need to reengineer the corrections system We support the recommendation to reengineer the institutional framework of the corrections pillar. and f) Strengthening partnership mechanisms among the PAO. This may be implemented in the long-term: The preparation of a devolution plan for the correction system and the rationalization of its institutional framework within a devolution context are recommended. the courts.Democratic Deficits in the Philippines: What is to be Done? governance framework and practices..

including the following: a.34 Need to provide greater access to justice by the poor and disadvantaged We recommend that a joint committee of the Supreme Court. other related measures include: a) Integrating criminal justice teaching exemplars or subjects into the formal education system. national government agencies. b) Integrating law popularization procedures in the legal assistance services of the government and private sector and in the Barangay Justice System. Moreover. These may be carried out in the medium-term: The general public who are familiar with the law may be better able to support and be more cooperative with the police in solving crimes. Aside from the strategy of tapping the media to popularize the law. This will also lessen the caseload of the Bureau of Jail and Management and Penology. civil society organizations and the communities. They will have stronger capacities to demand the provision of justice remedies thus strengthening the accountability of criminal justice institutions. This would also not only prevent but minimize appeals. except in drug cases. IBP and alternative law organizations be formed immediately to coordinate the various legal aid providers in the country. as well as the provincial and subprovincial jails which manage their respective jail facilities. With decongested local jails.Democratic Deficits in the Philippines: What is to be Done? The coverage of the Probation Law could be expanded to include sentences of prision mayor medium. building on the gains of the CHR‘s teaching exemplars on human rights. if more offenders could benefit from probation. Government agencies that provide legal aid to beneficiaries of a government program such as the Department of Agrarian Reform which has a special unit that helps farmers in land reform cases. limited resources can be used to improve prison conditions and put in place mechanisms for restorative justice in local jails in partnership with LGUs.33 Need to educate communities We support the recommendation to popularize the law towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies. and the Commission on Human 40 . This will ease the severely congested penal facilities in the country and thereby contribute to the efficiency of the Bureau of Corrections in processing papers of inmates and its effectiveness in providing restorative justice programs. resulting in more criminal cases speedily disposed by the courts. the Philippine Overseas Employment Agency which provides legal aid to overseas Filipino workers. the executive branch. they could be persuaded to enter a guilty plea with the prospect of being put under probation instead of being imprisoned.

and sector issues.Democratic Deficits in the Philippines: What is to be Done? Rights mandated by the Constitution of the Republic of the Philippines to extend legal assistance to the underprivileged whose rights have been violated or need protection (Section 18. Article XIII.36 The possibility of including respected members or elders from the community in the peace council should be studied. we hope that lawyers will indeed be encouraged to provide pro bono services to poor clients. peasants. Alternative law organizations which are non-government organizations that provide legal assistance. The Integrated Bar of the Philippines (IBP) which is composed of about 40.35 With the enactment of the Free Legal Assistance Act in 2010. (See Annex F for complete text of the Free Legal Assistance Act of 2010. 1987 Constitution).000 lawyers and has chapters in various parts of the country. indigenous peoples. women and children. These organizations address issues that are of public interest affecting communities or groups such as environment issues. research and advocacy for the defense and empowerment of disadvantaged sectors such as the urban poor. b. This can be implemented in the short-term. d. prisoners.37 41 . human rights. The coverage of ADR may also be expanded to include other types of cases that have not yet been included that do not involve physical violence. Some alternative law organizations have internship programs for law student volunteers.) We support the recommendation of the ADB to provide a regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System. While the elected barangay officials who serve as its members may be trained but the turnover on every election affects continuity. and victims of human rights violations. Senior students of the College of Law dispense legal advice. draft legal documents. Law schools that provide legal assistance to poor litigants such as the University of the Philippines College of Law which maintains the Office of Legal Aid catering to indigent clients. and represent litigants in legal proceedings. We support the improvement and expansion of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) as components of Alternative Dispute Resolution (ADR) mechanisms being pursued by the Supreme Court in the lower courts which are effective in decongesting court dockets and assisting poor litigants in resolving their cases. c. The IBP receives funding from the judiciary and each IBP chapter has a legal aid office for indigent litigants. workers.

Within the same period. the Justice on Wheels was able to visit several youth reception centers.38 We support the expansion of the ―Justice on Wheels‖ program of the Supreme Court which aims to ―address the problem of jail congestion through the disposition of cases involving inmates.40 The program has achieved the following as reported by Chief Justice Reynato Puno in his retirement speech: …to help the poor involved in criminal cases. 2004 to November 11. The main purpose was to hear cases involving juveniles who wanted to plead guilty. …in its 66 days of operation within the period December 20. the Mobile Court was initially assigned to hear cases involving juveniles in conflict with the law.Democratic Deficits in the Philippines: What is to be Done? We support the recommendation to assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system which may be carried out in the mediumterm: The Indigenous Peoples‘ Rights Act (RA 8371) gives due recognition to the indigenous peoples‘ justice system and the use of their own traditional methodologies and practices for conflict resolution. including minors‖39 which may be carried out in the long-term. the Mobile Court prioritized the hearing of cases of those who have been in detention for more than the maximum penalty for their particular cases. juvenile detention facilities and jails in eight municipalities and cities in Metro Manila. More importantly. There is therefore a need to provide clear parameters on how these may be integrated and made compatible with the current legal system of government. Azcuna noted that: As part of the pilot implementation of the Justice on Wheels Project. These are mobile courts that go to the different jails in our country. or who wanted to be diverted or released on recognizance. the Justice on Wheels was able to hear a total of 1. In the initial implementation of the program. or around 35 per cent of the total number of cases heard.126 cases and secure the release of 391 detainees. which were holding up to five times their designed capacities. then Associate Justice Adolfo S. 2005. in fair or foul weather. This was also aimed at decongesting the heavy caseloads of the designated Family Courts in Metro Manila. This strategy was intended to help decongest the various youth reception and detention centers within the Metro Manila area. While the justice system among the indigenous peoples varies in approaches and methodologies. common to these traditional practices is the participation of the community members in settling disputes. we re-launched the Enhanced Justice on Wheels Program. These traditional forms of justice should be reconciled with the national legal systems and internationally recognized human rights processes and with the penal code. to expedite the trial of criminal cases in 42 .

43 To further shield the JBC from political manipulation.Democratic Deficits in the Philippines: What is to be Done? which the accused are too poor to post bail for their liberty. the successful mediation of some 5. Thus the President will have two representatives. judicial competence can only be ensured through continuing judicial education main performed by the Philippine Judicial Academy (PhilJA).056 detainees. perform the role of the Commission on Appointments such that ―Members of the confirming body would not be the privilege of a few but the prerogative of all senators…Giving the power to the Senate could assuage the discontent of many with the performance of the JBC.‖45 We support calls to implement the constitutional mandate for fiscal autonomy of the Philippine judiciary immediately: The implementation of the constitutional mandate for judicial fiscal autonomy must also be pursued.. without any increase in its human and financial resources since 1996. Need for judicial independence and fiscal autonomy We support recommendations to shield the Judicial and Bar Council from political manipulation which may be implemented in the medium-term. This enhanced Justice on Wheels has resulted in the following: the release of 3. However.000 barangay officials and indigenous people on laws affecting them…41 Need for sustained judicial competence There is a need to rationalize the designation of certain courts as specialized tribunals because numerous courts have already been designated as such (i. as commercial courts. family courts. two differing proposals are worth considering and studying. intellectual property courts. the giving of free legal aid to 2.545 inmates. four.42 In such as context.e. Constitutional expert and Jesuit priest Joaquin Bernas proposed that the Senate. This may be carried out in the long-term. the institutional capacity of the PhilJA remains a foremost concern in sustaining current efforts at judicial education because it taken on several assignments in addition to its mandated function. to have single terms for regular members of the Judicial and Bar Council (JBC) in order to reduce political manipulation. former Chief Justice Artemio Panganiban suggested that the JBC members should be evenly appointed by the various government institutions—―the Supreme Court should appoint the three regular members while the President will appoint the private sector representative. and the Supreme Court. and others). and the delivery of free lectures to some 15.006 of their cases. Congress will have two. a civil society watchdog. the giving of free medical and dental assistance to 9. We support the proposal of the Supreme Court Appointments Watch (SCAW). On one hand.‖44 On the other hand.270 of them. No sufficient and lawful justification can be made for the 43 . as a whole.

Among the benefits of having a more participative approach are the early buy-in of stakeholders. the policy formulation capability of Congress must be strengthened and the ability of the Government to defend its economic agenda must be enhanced. Among these. improved performance and sustainability of programs. and enhanced capacity and skills of stakeholders. the liberal issuance by the courts of temporary restraining orders and other injunctive relief measures drew the most attention. Reporting mechanisms and processes may be designed to encourage lawyers and litigants to report erring judges and justices. which put the legislature and the judiciary on a collision course.49 Need to evaluate the power of judicial review We support the recommendation of the ADB to conduct a comprehensive study of the implications of the power of judicial review.Democratic Deficits in the Philippines: What is to be Done? president‘s insistence on retaining control over the Judiciary‘s fiscal affairs and budgetary resources.46 Need for judicial transparency and accountability There are several recommendations addressing judicial transparency and accountability that may be implemented immediately.47 The crisis that besieged the Supreme Court in 2002 to 2003 in relation to the Judicial Development Fund. especially economic laws. This may include appropriate training for legislative staff members of Congress in drafting economic legislation and upgrading the capability of the Office of the Solicitor General in defending major policies and programs of the Government. This may be done in the short-term: There is need for a comprehensive study of the implications of the power of judicial review on the ability of the Government to pursue national development goals in the context of recent Supreme Court rulings affecting national economic policies.48 Judicial reform projects should be conducted through a participatory approach. Allowing anonymous complaints to encourage victims of judicial corruption must be considered. At the same time. While intended to minimize the possible adverse effects of one party‘s 44 . The Supreme Court has been active in disciplining judges but many cases of bribery and other illegal activities still go unreported because of fears of possible retribution. For the president to persist in doing so is tantamount to usurping a power constitutionally vested in the Judiciary. without having to worry about repercussions.50 Recent judicial decisions and actions have also been widely criticized for creating a climate of unpredictability and uncertainty in the policy environment and commercial transactions. while at the same time filtering complaints intended only to harass judges and justices. has shown some lessons to be learned about accounting and record-keeping systems that should be put in place in order to pass scrutiny by external entities.

despite the passage of a law (Republic Act No. In criminal cases. simplify and render more inexpensive the disposition of cases.Democratic Deficits in the Philippines: What is to be Done? action on another‘s pending resolution of the legal controversy between them.53 We support the recommendation to review and improve the rules of court. Even government projects and programs are not spared from the pernicious effects of unrestrained issuance of temporary restraining orders. This may be undertaken immediately by the judiciary: The review and amendment of the Rules of Court is necessary to further speed up. The review should consider the following improvements: 45 . which will eventually be helpful in the trial stage. from partnering with the Government in development projects. the pre-trial conference is used to consider plea bargaining. This has discouraged many investors. 8975) in 2000 that explicitly prohibits trial courts from issuing these orders against national government projects. A pre-trial conference which is efficiently and effectively administered by the judge should yield to a shorter trial period. and such matters that will promote fair and expeditious trial of the criminal and civil aspects of the case. waiver of objections to admissibility of evidence. if not altogether avert the need for trial through alternative modes of settlement that may be reached by the parties during the pre-trial period. marking for identification of evidence of the parties.51 Projects were delayed or altogether scrapped because of injunctive writs issued by trial courts. It is also recommended that extensive practical training on procedures and case management tools within the context of continuous trials and the use of pre-trial be conducted by the Philippine Judicial Academy (PHILJA) together with an accompanying video presentation that should be produced as a teaching tool. the abuse in the issuance thereof has destroyed the reliability of contracts and predictability in the enforcement of obligations. both local and foreign. stipulation of facts.52 Need to act on undue delays and large backlogs in the handling of cases This can be addressed in the short-term by adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial: This will require that a case management support tool be provided to judges in lower courts in order to manage their caseloads and the programming of trial hearings on the basis of continuous trials. It is recommended that the Supreme Court adopt mechanisms for the monitoring of the implementation of pre-trial and the imposition of sanctions for noncompliance. The pre-trial conference provides for extensive use of discovery modes.

prohibiting postponements. Rule 113. f) Adopting teleconferencing as substitute to personal appearances of accused and witnesses. electronic case filing. and electronic delivery of summons. using of affidavits in lieu of direct testimony of witnesses. h) Reducing the grounds for motion to quash (presently. d) Deputizing barangay officials to act as process servers because the cause of delay in preliminary investigation is the lack of adequate process servers. orders and notices.Democratic Deficits in the Philippines: What is to be Done? a) Limiting the period within which Judges of Municipal Trial Courts have to terminate the preliminary investigation of criminal cases. l) Relaxing the Constitutional requirements for a judge to repeat all facts of a case in a decision. to shorten the time necessary to pen decisions. j) Finding probable cause by the prosecutors to be binding on the courts for purposes of proceeding with trial. g) Authorizing law enforcement agents to file cases directly with the Metropolitan Trial Courts and/or Municipal Trial Courts in chartered cities. which requires personal knowledge of facts on the part of the peace officers or private persons that the person to be arrested has committed the offense. k) Carving out more exemptions from the filing of bonds. b) Returning to decisions by the Supreme Court en banc in order to avoid conflicting decisions on same issue. there are eight grounds for motion to quash – Section 3. Rule 117. on warrantless arrest. 46 . inasmuch as it is very seldom that the peace officer is present during the commission of the crime which is the only instance when he could be considered to have personal knowledge thereof. and submitting draft orders and resolutions. m) Shortening the filing period for several pleadings and abbreviating court processes by reducing direct testimonies. so that warrant of arrest may be issued immediately for the detention of prime suspects of heinous crimes. i) Amending Section 5(b). c) Setting of fixed amounts of time for the presentation of evidence and cross examinations. Rules of Criminal Procedure). e) Implementing electronic payment of legal fees.

referral rates of cases by judges are very low. and establishing time standards for case types.Democratic Deficits in the Philippines: What is to be Done? n) Looking into the problems of language in court proceedings by studying the use of local dialects instead of English. An assessment of the effects of the current court jurisdictional structure on geographical access. although the experience of the pilot court annexed mediation units indicated that while case settlement rates are high. Within the context of established jurisdictional delineations and operational processes. during pre-trial. judge capacity.54 We support the recommendation to review the jurisdictional structure of the courts. This may be done in the short-term: Judges argue that cases that have passed through the Barangay Justice System do not require pre-trial. identifying appropriate criteria to be used in the determination of time standards for specific types of cases. Similarly. This may be undertaken immediately: Prior studies provide recommendations on improving court jurisdictional structures in specific areas based on assessments of specific issues in these areas. In view of this similarity of purpose and objective. Relatedly. a mandatory court-annexed mediation is being implemented in the lower courts and in the Court of Appeals. an attempt to arrive at an amicable settlement could be made. These recommendations also include: (1) Reassigning jurisdiction on Sandiganbayan to the lower courts less complex corruption cases from (2) Reorganizing the distribution of case assignments in the Sandiganbayan by allowing individual justices to handle specific cases and selectively assigning cases to divisions and to the En Banc55 We support the recommendation to remove duplication and overlap and clearly define the operational delineation among pre-trial system. and p) Reviewing procedures for the litigation process for specific types of cases. o) Reviewing the time standards provided in the rules of court and speedy trial act. barangay justice system and the court-annexed mediation system. case congestion and delay. there is a need to study these discrete systems and clearly define their jurisdictions and operational delineation so that they can meaningfully contribute to case decongestion and delay reduction. and overall coherence of the court system has moreover been recommended. 47 . the strengthening of the Barangay Justice System and full implementation of the court-annexed mediation system must be undertaken as necessary measures for case decongestion and early dispute resolution.

culture. Reform should be driven by rule of law that is based on a unified set of laws. National Labor Relations Commission. etc). integration. and human rights. Assistance that may be provided includes training of mediators and arbitrators. More cases that are settled at the level of these agencies—such as the Department of Agrarian Reform Adjudication Board. other sociological studies and comparative studies) (2) Design and implementation of public awareness and education program (on the Islamic justice. on women‘s rights. The following proposed reforms contained in a study by CPRM Consultants. other studies on improving jurisprudence) 48 . awareness.58  Need to create an environment based on the rule of law This will involve a set of coordinated initiatives towards creating a societal environment that is based on a unified rule of law and will include the following: (1) Baseline Surveys (demography. and can address the overarching goal of facilitating the realization of peace and development in Mindanao. on access to and procedures of the Shari‘a courts. feasibility studies on integration and codification. rather than one that is driven by diverse customs and traditions. on legal services.Democratic Deficits in the Philippines: What is to be Done? Mechanisms at the barangay level must be installed in order to protect poor and vulnerable parties from the abuse of more politically and economically powerful opponents to the case.56 We support the proposal to promote the use of Alternative Dispute Resolution mechanisms in various agencies in the justice sector. and one that they will use as the only forum for resolving justiciable conflicts. including public assistance/referral programs and networks (3) Strengthening of the Shari‘a Legal Framework (comprehensive studies on customary laws. entitled ―Institutional Strengthening of the Shari‘a Justice System‖ are should be undertaken in the long-term based on the guiding principles of rule of law. and others— mean less cases that will be brought to the courts on appeal or petition for review. customary laws and dispute resolution practices. Inc.57 Need to address challenges in the Shari‟a Courts An effective Shari‘a justice system is one that has the trust and confidence of the Muslim Filipinos. and implantation of campaigns to make ADR the preferred mode of dispute resolution among litigants. rationalization of ADR procedures. Intellectual Property Office. This may be implemented within the shortterm: …the use of ADR systems by government agencies legally tasked to do so should be enhanced and maximized. equal protection and gender equality. preparation of an integrated Muslim Code.

But the other is to simply remove the duplication and streamline the system.59  Strengthening of the Shari‘a legal education system This will involve an overall strengthening of the Shari‘a Legal Education System both academic and continuing education and will include the following: (1) Establishment of an Islamic Justice Institute to serve as research and academic institution for the formal education leading to law degrees in Islamic justice. One is to delineate functions. (2) One added qualification that is needed for a Muslim lawyer or a lawyer admitted to the Bar to be appointed to a judgeship is to be learned in Islamic law and jurisprudence.‖ Moreover. The opportunities to get such a degree are limited by their duties in court as well as the availability of such a course offering here and abroad. The local government units should also be informed regarding the Shari‘a court procedures vis-à-vis the BJS. Delineation would only maintain user confusion. The institute should be funded by the national government.Democratic Deficits in the Philippines: What is to be Done? (4) There is a need to resolve the duplication of functions between the Barangay Justice System and the Agama Arbitration Council which adds to the confusion and inefficiency of the Shari‘a justice system There are two options in addressing this issue. (2) Establishment of cross-country scholarship programs for Shari‘a lawyers and judges (3) Strengthening of the PhilJA training program for Shari‘a lawyers. The Supreme Court should look into this issue and define the term ―learned in Islamic law and jurisprudence. Only one must exist. 49 . Either maximize the use of the Barangay Justice System in Muslim areas or adopt the Agama Arbitration Council (AAC) in case of conflict with that of the Barangay Justice System. judges and court personnel (4) Institution of Bar Reforms on Shari‘a We also support the following recommendations related to the qualification and training of Shari‘a lawyers and judges:60 (1) It is recommended that there should be a policy for those who are allowed to take the special bar examinations should at least be a degree holder in law whether English or Islamic. The Supreme Court must specify what cases are to be brought before the BJS and the AAC. qualifications of all Shari‘a judges should be clearly defined.

Likewise. There are qualified women applicants to the position and the JBC should at least nominate them to the President for appointment. The continuing judicial education of Shari‘a judges is plagued with the problem of dearth in legal materials in Islamic law and jurisprudence. a compilation of Supreme Court decisions specially for Shari‘a cases and distribute it to all Shari‘a courts. Shari‘a judges would rather be transferred to RTC courts and Shari‘a circuit court judges cannot be promoted to Shari‘a district courts because they have to be members of the Philippine Bar.Democratic Deficits in the Philippines: What is to be Done? (3) While lack of qualified Shari‘a lawyers is pervasive. Intensive training on computer operations must also be made. A legislation to amend RA 1080 is recommended. the Philippine Judicial Academy should provide adequate and appropriate training for Shari‘a lawyers. (6) The issue of limited opportunity for judges to be promoted should be looked at since career progression is mainly vertical. intensive training in English must be given. (7) Also gender bias in appointments should be addressed by policy. Appointments to the Shari‘a District and Circuit Courts have been mainly given to male judges. Initially. Since there is a lack of Shari‘a lawyers in areas where there are Shari‘a courts. the Philippine Shari‘a Institute would be reactivated to provide training on Islamic law and jurisprudence.  Streamlining of the institutional framework for Shari‘a justice This will involve improvements in the jurisdictional scope and structure of the Shari‘a court system and its rules and will include the following: (1) Review of the jurisdiction of Shari‘a circuit and district courts (2) Improving the rules of court of Shari‘a courts  Strengthening of the Shari‘a justice system‘s capacity and integrity This will involve strengthening the organizational capacity and integrity of the Shari‘a courts and will include the following: 50 . (4) A person who passed the Shari‘a Special Bar Examinations should also be civil service eligible just like lawyers who passed the bar examinations. The Philippine Judicial Academy should provide adequate legal materials for them. This is in accordance with the fundamental equality before the law principle of the Constitution as well as fulfilling our international commitment with the U.N. Convention on the Elimination on All Forms of Discrimination Against Women. (5) There must be continuous training by PHILJA to Shari‘a judges and court personnel.

and what business processes should be linked among institutions. technology. There should be a follow-through of the implementation of the Court Management Information System (CMIS). and facilities. appropriate data standards. Efficient case management not only helps track individual cases.62 We support the recommendations of the ADB on justice system support improvements consisting of the following which may be carried out in the long-term: Improving institutional capability requires supporting improvements to the justice sector‘s information and case management systems and the procurement and maintenance of equipment. It is particularly important that justice sector agencies be able to communicate through compatible systems between headquarters and field offices and between organizations that need to work together. The development of an information system for the justice sector will facilitate more effective information sharing. Computerized systems need to reflect decisions already made on information that should be collected and shared.Democratic Deficits in the Philippines: What is to be Done? (1) Development of Shari‘a Code of Ethics (2) Formulation of a career development program for Shari‘a judges (3) Improving case management capacities and operations (4) Structuring of Shari‘a legal fees and charges Need to carry out other measures for overall justice system reform We support the ADB recommendation on the review and codification of laws in the medium-term: A comprehensive evaluation and inventory of major laws that have been passed by Congress in the past decade to determine whether or not they are being implemented effectively can be pursued. Information systems are essential to provide timely and accurate assessments of performance regarding service to the public. and implementation of reforms. management of work. it improves the efficiency of all the concerned organizations and helps them 51 .61 It is also an opportune time to immediately assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010) released in December 2006 as the tool to synchronize justice system reform efforts among the various pillars of the justice system. Laws pertaining to a particular sphere of human activity or relations can be reviewed toward the repeal or amendment of outdated provisions and laws and their systematic codification to facilitate their efficient application by the courts in appropriate cases.

locate specific cases of interest.63 case management has not been developed for other organizations. approved in 2004 but not yet operational on a nationwide basis.64 A similar recommendation was made by CPRM Consultants. Funding for these is available under a Judicial Reform Support Program Loan from the World Bank. teleconferencing. At the analytic level it will allow court administrators and justices to track the performance of judges. and provide information which is useful in monitoring and evaluating institutional performance. and in implementing them. While a pilot case management system has been launched for the courts and one is under study by NPS. Investment in information and case management systems is directly relevant here. The implementation of the case management information system must however be undertaken within the context of an integrated criminal justice information system. The decentralization of financial and administrative management in the courts. and other essential information being lost. A change management program is essential particularly since these will revolutionalize court processes and the way the courts communicate and relate to 52 . and detained parties whose stay in jail have exceeded the maximum penalty prescribed by law for their offenses. Agencies that lack computers and internet access will have obvious difficulties contributing to information and case management systems. and provide mechanism for detecting forum shopping. The system will provide a unique case identification mechanism. The system will likewise provide tools for judges to manage case prioritization and scheduling. comparable and even more pressing needs exist in other justice sector institutions. in designing the systems. to modernize case management technology and information system in the lower courts: Systems functional specifications and user requirements definition have been developed under a project on an enterprise-wide case management information system in the lower courts which was funded by the World Bank PHRD Grant. which also need to be addressed. electronic issuance of summons. Many people working in the justice sector lack the most basic tools needed to perform efficiently. orders and notices has been planned. allow tracking of case location and status. However. It will provide functions for e-payment and e-issuance of court orders and notices. and electronic casefiling. Inadequacies in facilities and equipment also impede efficient performance throughout the justice system. files. Inadequate storage facilities can result in evidence. The adoption of transcription technology. can help the judiciary address this situation. delay and violation of statutory time limits.Democratic Deficits in the Philippines: What is to be Done? rationalize their priorities and workload distribution. These application systems will require substantial one-time public investments in installing the necessary infrastructure. as well as manage courtrooms utilization. Inc.

thematic training in specific work areas. Dissemination of best practices on court reform and management Promotion of regional and sub-regional exchanges Fostering comparative e-studies Promotion of the use of technology Long-term capacity building There is a need for follow-through in the medium-term of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17. b. and the like for submission to the Forum for the Handbook on Judicial Reform on or before the end of July 2006. 1 Martin Place. technology competency training. and public information and advocacy would be essential components of the change management strategy. PIO. Australia. MISO. e. The PMO be directed to consider possible assistance to Timor Leste on judicial reforms. at The Westin Sydney. d. b. No. The PHILJA to explore with the judicial academies of other countries in the region the possibility of adopting common curricula. Sydney. Learning from the experience of the Federal Court of Australia. as follows: a.65 There is also a need to immediately follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21): a. The Court may consider setting up a Video Conference Facility in the National Bureau of Penitentiary in taking the testimonies of convicts. f. The PMO66 to document the judicial reform projects like Justice on Wheels. the Court may consider appointing a full time Building Administrator for each Hall of Justice or cluster of Halls of Justice. c. 2006. e. 53 .Democratic Deficits in the Philippines: What is to be Done? court users. ADR. Thailand and China on justice on wheels. The Court E-Library be required to set up links with the E-Libraries of the Supreme Courts of other countries. and Moscow on ICT in the courts as requested by the members of the Forum. setting up of PMO. Code of Judicial Conduct. The Court to require OCA to submit a report on the backlog of trial courts as discussed above for submission to the Forum on or before the end of May 2006. E-Library. User training. The Court to require MISO to study the set up of the Technology of Registry of the Federal Court of Australia. h. d. g. ELearning. c.

overlapping. and remove institutionalized politicization of the police Strengthen the prosecution agencies and reengineer the public defense system o Establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy o Undertake detailed review and reengineering of the entire public defense system to improve its capacity to provide services.Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  The following principles should underlie overall justice reform: o Justice reform should be participatory involving the entire justice sector. sustainability and flexibility. improve access and efficiency. international aid agencies and the international community. proliferation and fragmentation of law enforcement functions. and even the larger society. competitive compensation for human resources. Enhance rationalized and coordinated law enforcement o Decriminalize certain offenses under the Revised Penal Code and special laws and codify criminal law o Design and adopt an integrated criminal justice information system and develop crime classification and crime indicators o Adopt a holistic approach to the improvement of the crime investigation system of the police o Remove duplication. IBP and alternative law organizations to coordinate the various legal aid providers in the country      54 . including agencies in the executive and legislative branches of government. and amend the Probation Law to expand its coverage Popularize the laws of the land towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies Provide greater access to justice by the poor and disadvantaged through the following: o Formation of a joint committee of the Supreme Court. devolve delivery while maintaining strong oversight. o Justice reform requires inspired leadership by the Chief Justice in order to followthrough the various reform measures in the long-term. reintegrate police functions. resource generation and management. a disciplinary regime. the executive branch. and strengthen its independence Reengineer the institutional framework of the corrections system. o Justice reform should always take cognizance of access to justice by the poor whose only recourse is the government. o Justice reform should cover the various aspects of governance—a consistent legal framework.

improving the jurisdictional scope and structure of the Shari‘a court system and its rules. formulating a career development program for Shari‘a judges. removing duplication and overlap and clearly defining the operational delineation among pre-trial system. promoting the use of Alternative Dispute Resolution mechanisms in various agencies in the justice sector Address the various challenges in the Shari‘a Courts by: creating a societal environment that is based on a unified rule of law. improving the system for ensuring the qualification and training of Shari‘a lawyers and judges. improving case management capacities and operations. and structuring of Shari‘a legal fees and charges Carry out other measures for overall justice system reform: o Comprehensive review and codification of laws   55 . coverage may be expanded to include other types of cases that have not yet been included that do not involve physical violence o Assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system o Expand the ―Justice on Wheels‖ program of the Supreme Court to address the problem of jail congestion through the disposition of cases involving inmates.Democratic Deficits in the Philippines: What is to be Done? o Provide regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System with the possibility of including respected members or elders from the community in the peace council o Improve services of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) as components of Alternative Dispute Resolution (ADR) mechanisms being pursued by the Supreme Court in the lower courts. barangay justice system and the courtannexed mediation system. reviewing the jurisdictional structure of the courts. strengthening the Shari‘a Legal Education System (both academic and continuing education). developing a Shari‘a Code of Ethics. reviewing and improving the rules of court. including minors      Improve continuing judicial education to enhance judicial competence Study various options to enhance judicial independence and fiscal autonomy Design complaints mechanisms and enhance record-keeping systems for improved judicial transparency and accountability Conduct a comprehensive study of the implications of the power of judicial review Act on undue delays in the conduct of trials and large backlogs in the handling of cases by: adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial.

Democratic Deficits in the Philippines: What is to be Done? o Assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010) o Follow-through of the implementation of the Court Management Information System (CMIS) o Follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21) o Follow-through of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17. the Department of Education is the top employer. (Table 2 and Table 3) Table 2 Dimensions of the Philippine Civil Service (as of 2004) Career Executive (National) Executive (Local) Legislative Judiciary Constitutional Total 2004Source: Civil Service Commission [2004] Non-career 50185 104028 3521 1197 602 159533 Total 1016345 408979 5838 26931 17606 1475699 966160 304951 2317 25734 17004 1316166 56 . it is the government in the long-run that is the main player in combating corruption. Among the government agencies. 2006 held in Australia D. Corruption This section shall focus on corruption and inefficiency in the government bureaucracy as it cuts across the various functional areas of governance. While corruption occurs in government.67 The Philippine Government Bureaucracy The Philippine government is the largest employer in the country with 96 percent of employees working in the executive branch (based on the latest available inventory).

corruption appears to be an imminent problem.70 Way back in the year 2000. Sub-contracting.480 Corruption and Inefficiency as a Phenomenon With such a large bureaucracy. Latest estimates show that as of January 2010.730 25. poverty and income inequality. 4.71 According to the Philippine Center on Transnational Crimes.931 26.913 27. It has been estimated that ―the Philippines is losing tens of billions of pesos every year to corruption— an amount that could have been spent for building schools and hospitals. and (c) endangered public order and safety. for providing other services and for raising salaries of state workers. 57 . the total national government outstanding debt has reached PhP5.69 It is widely perceived that corruption and inefficiency only serve to aggravate the country‘s debt burden. Tax evasion. (b) shattered political credibility and demoralized bureaucracy. 2.292 59. Nepotism and favoritism.Democratic Deficits in the Philippines: What is to be Done? Table 3 Top Employers by Sector (as of 2004) Sector Education Interior and Local Government State Universities/colleges Public Works and Highways Judiciary Health Autonomous Region of Muslim Mindanao Source: CSC [2004] Number of Personnel 500. Ghost projects and payrolls. 5.‖68 Some of the most profound consequences of corruption and inefficiency include the following: (a) social dislocation caused by distorted economic growth. 3.270 26. Evasion of public bidding in public contracts.951 149. the World Bank estimated that corruption was costing the Philippines government US$47 million every year which when translated to a 20-year period up to 1997 means a massive US$48 billion. corruption is usually committed or exists through:72 1.063 trillion.

in Pilipino). Campos explains: …does the (expected) benefit of engaging in a corrupt transaction exceed the (expected) cost of doing so? Hence. The following heuristic formula (again due to Klitgaard) is a useful guide for applying the theory to identify and address corruption vulnerabilities: corruption = monopoly power + discretion – accountability where each variable is a function of the degree of transparency. A study released in 2008 tracked anti-corruption initiatives and strategic focus as perceived and experienced by four government agencies in Region XI (Southern Mindanao). Bribery (lagay. the less the potential for illegitimate manipulation of the variables. in Pilipino). Moreover. i. there have been accusations from various sectors that some legislators have profited financially from the ―pork barrel system‖ supposedly through commissions or cuts from contractors or suppliers. According to former Budget Secretary Emilia Boncodin.77 The study showed that: 58 . Jr. and restrains discretion. similar fund mechanisms are adopted by other countries as an effective tool to cover contingencies and provides flexibility in operations but the case of the Philippines is such that it ―suffers from general lack of transparency and abuse of discretion. weakens monopoly power.. The above ―avenues‖ of corruption demonstrate that corruption is a product of incentives. including monitoring of decisions and actions. with each congressman supposedly getting P70 million per year and each senator getting P200 million annually.‖76 Time and again.75 The minority bloc in the Philippine Senate led by Senate Minority Leader Aquilino Q. the greater the transparency. Establishing clear accountabilities of decision makers. De facto monopoly over a decision gives the decision maker ample room to extract bribes from those who might be affected by the decision and for the latter to easily focus on a single target to corrupt. Pimentel. and 7.Democratic Deficits in the Philippines: What is to be Done? 6.‖ Boncodin. has criticized President Arroyo for ―her selective releases of pork barrel funds which totals about P7 billion.e. 73 The so-called ―pork barrel system‖ technically known as Priority Development Assistance Fund (PDAF)74 has particularly been known to be a major source of corruption. to reduce the risk and incidence of corruption. Extortion or giving of protection money (tong. one needs to shrink the potential benefits and amplify the potential costs of a corrupt act. who resigned as Budget Secretary along with nine other Cabinet-ranked officials in 2005 in protest of the Arroyo administration‘s leadership style. Wide discretion of decision makers generates similar opportunities. has accused President Gloria Macapagal-Arroyo of practicing the selective release of lump sum funds and PDAF such that only those close to Malacañang gain access to PDAF funds. increasing transparency of all aspects of the decisionmaking process strengthens accountability. helps counter these tendencies.

including corporate responsibility. while business and labor contributing 12 programs. emphasis were focused on procurement audit and financial reforms. multilateral and development funding agencies contributing 25 programs and initiatives. Directory of Institutions. (Table 4) International Perceptions of Corruption in the Philippines Despite the prevalence of such programs. Tax simplification and fiscal discipline were also deemed highly important.78 The same study cited the inventory of initiatives on good governance and anti-corruption in the Philippines documented by Transparency International (TI) in 1991 as follows: Table 4 Number of Programs on Good Governance and Anti-Corruption Players Number of Programs Philippine Government 103 Civil Society 67 Multilateral and Development Funding 25 Agencies Business and Labor 12 TOTAL 207 Source: Hills Governance Center. empirical surveys and scorecard. In legal reforms. ranked highly important were judicial independence and enforcement of visible grand corruption cases. TI-Philippines (2001). Programs and initiatives on good governance and anti-corruption totaled 207 with the government contributing 103 anti-corruption initiatives. alongside Pakistan and 59 . Organizations & Agencies Involved in Combating Corruption in the Philippines. while in terms of financial controls. followed by civil society organizations with 67 programs and initiatives. In the 2009 CPI. The customs service was identified on top of the highly important institutional reforms and high importance was placed on transparency and a review on pay and incentives. Political leadership and political will of leadership play crucial roles in combating corruption.4. Also high expectations were placed upon civil society participation. Country comparisons in terms of corruption do not augur well for the Philippines considering that such comparisons influence investment decisions which are vital to economic growth. community involvement. budgetary control and treasury development. the Philippines has consistently ranked low in the Corruption Perception Index (CPI) released annually by Transparency International. the Philippines ranked 139th to the bottom with a score of 2.Democratic Deficits in the Philippines: What is to be Done? …the government remains to be the main player in combating graft and corruption in the country.

Cambodia (2.5. fast-track disbursements of public funds and attempts to secure peace are being implemented around the world.3 in the 2008 CPI.4)--and mildly improved from 141st with a score of 2. According to the survey. the corruption challenge is undeniable.2.2).0) and Myanmar (1. Thailand ranked 84th with 3.Democratic Deficits in the Philippines: What is to be Done? Bangladesh. and where governments have not implemented anticorruption legal frameworks… With the vast majority of countries in the 2009 index scoring below 5. Brunei ranked 39th with 5. The survey also reveals that respondents from the Philippines do not file formal complaints against requests for bribes because of the following reasons (Table 5):84 Table 5 Reasons for not filing formal complaints against requests for bribes (Respondents from the Philippines) 2009 Global Corruption Barometer Reason Percentage of Respondents they did not know how to do it 21% it would have taken too much time 59% it would not have helped at all 36% Source: Transparency International In the 2010 annual survey of the Political and Economic Risk Consultancy (PERC) where it polled 2.‖83 TI also released its 2009 Global Corruption Barometer in June 2009 (which is on its 6th edition). the Philippines lagged behind Singapore. the Philippines—with a score of 8.81 According to Transparency International: Overall results in the 2009 index are of great concern because corruption continues to lurk where opacity rules. Vietnam ranked 120th with 2. the same as the 2008 CPI.79 The 2009 CPI includes 180 countries.5. 77 percent of Filipinos deem their government‘s efforts ineffective in the fight against corruption. Malaysia ranked 56th with 4.8. expatriate business executives doing business in the Asia-Pacific region. The Philippines ranked better than three of its Southeast Asian neighbors—Timor-Leste (2. which ranked third in the 2009 CPI with a score of 9.7. Indonesia ranked 111th with 2.174 respondents. in order to break its corrosive cycle.) However. where institutions still need strengthening. it is essential to identify where corruption blocks good governance and accountability. registering the highest percentage points in Southeast Asia and the second highest in Asia.80 (See Annex G for Corruptions Perception Index Table for 2009 and Annex H for CPI 2009 Methodology.82 TI chairman Huguette Labelle underscores the importance of curbing corruption by strengthening the institutions of low-ranked countries: ―At a time when massive stimulus packages.4.06—fell two rungs down compared to the previous 60 .

96).07).88 61 . financial.28).Democratic Deficits in the Philippines: What is to be Done? year and became the fourth most corrupt economy. Cambodia 9.07 15.52 11. Australia (score 2. No. Thailand 7. China (score 6. The economies that were perceived least corrupt are Singapore (score 1. The decline has been attributed to ―small reductions in monetary freedom and freedom from corruption‖ which are two of the ten criteria used in the ranking. which is directly above the Philippines and therefore fifth most corrupt. Macau 4.60).85 (Table 6) Table 6 Political and Economic Risk Consultancy 2010 Annual Survey Economy Score 1. Taiwan 6.28 9.3 in 2010.47 10.52).98 8. The other eight criteria relate to freedom in business. Vietnam 8. property rights and labor. trade. fiscal. Japan (score 3.67.42 5.49).10) and Indonesia (score 9. Malaysia (score 6. China 6. and Thailand. (score 7. Indonesia 9. investment.18).6 13. South Korea (score 5.28).47). Taiwan (score 6. Cambodia (score 9. Ranked worse than the Philippines in the opinion of the expatriate respondents are Vietnam (score: 8.5 points.27 Source: Political and Economic Risk Consultancy (PERC) Note: The opinions about corruption indicators in 16 Asia-Pacific economies were gathered. On a scale of zero to 10. United States 3. Japan 3.42.67 4.8 in 2009 to 56. Australia 2. government spending. 2.28 3.27).96 7. Singapore 1. 1 on the PERC list). South Korea 5. Hong Kong.49 6. India 7. Macau (score 4.42 2. Malaysia 6. based on which each of the 16 economies was graded.06 14.86 The issue of corruption in the Philippines is a glaring factor that pulled down the ranking of the country in The Heritage Foundation‘s 2010 Economic Freedom Index87 from a score of 56. way below the global average of 40. India (score 7. the United States (score 3. Philippines 8. the Philippines has the worst score in ―freedom from corruption‖ at 23 points.42).10 16. zero is the best possible score which means that the respondents saw that particular economy as having the lowest level of corruption among politicians and civil servants. Of the ten criteria.98).18 12. Hong Kong 2.

and Presidential Commission on Good Government (PCGG). On government efforts to fight corruption. half of managers see improvement in transparency in bidding for a government contract. it was notably down in Commission on Audit (COA). On the other hand. Department of Justice (DOJ). However. 9. 5. Managers consider private sector corruption to be less than public corruption. Since the index was launched in 1995. At least two-thirds do not use intermediaries in local business permit renewals. In voting for President. Department of Finance (DOF). the trend is flat. Majority of managers find transparency in local government procedures. The farther from the local level. The proportion of enterprises solicited for a bribe was below the 2008 peak. Hong Kong topped the list with a score of 89. Department of Environment and Natural Resources (DENR). Government Service Insurance System (GSIS). Department of Transportation and Communication (DOTC). Managers consider public sector corruption to be high and stagnant. 6. 7. Two-fifths of managers sense improvement in public access to information. Managers reporting honest business practices in their sector remain few.Democratic Deficits in the Philippines: What is to be Done? The Philippines ranked 109th out of 179 countries/economies. 4. Commission on Elections (Comelec). Sincerity in fighting corruption varies across agencies. It was notably up in trial courts. and Office of the President. "fighting corruption" and "creating jobs" are first and second priorities of both managers and the public. Department of Budget and Management (DBM). Presidential Anti-Graft and Corruption (PAGC). 2. 10. three-fourths support passage of a strong law on right to information. but still a high 60%. the more that corruption happens. the Philippines consistently placed within the range of ―mostly unfree‖ economies. Armed Forces of the Philippines (AFP). Willingness of enterprises to fund an anti-corruption program is back to 5% of net income. Third priority is "promoting a 62 . similar to 2005 and 2006 after a slump in 2007.89 Local Perceptions of Corruption in the Philippines The following Highlights of the 2009 SWS Surveys of Enterprises on Corruption reinforce the perception of widespread corruption in the Philippines: 1. 8. 3.7.

A newspaper report presents the following details. Local government units (LGUs).Democratic Deficits in the Philippines: What is to be Done? good business environment" for managers. the anti-corruption strategies adopted during the 1970s and 1980s to minimize the Philippine Customs Service proved to be ineffective and added that many environmental factors predispose the Custom Service to a high incidence of corruption. 11.19 billion farm-to-market road project of the DA. According to Parayno. among others: COA said the biggest ―bungle‖ was the P5. which further stalled the project.3 billion-fertilizer fund project under the GMA Rice Program. which remained incomplete as of December 31. perhaps wary of another ―fertilizer scam. the Department of Agriculture (DA) would be a prime example in terms of ―bungled project implementation or missing and diverted funds. which include the following (Table 7):91 Table 7 Factors that Predispose the Customs Service to Corruption Predisposing Factors to Corruption Abundance of opportunities Irresistible rewards Low-risk endeavours Damaged values system and culture Weak controls and justice system Lack of means and support Insincere and opportunistic media If ―wasteful fund management‖ is a major indicator of inefficiency.90 Among the national government agencies. Managers consider the business climate to be better than 2008. Fertilizer suppliers likewise refused to accept ―fertilizer discount coupons‖ or FDCs as form of payment.‖92 The DA wasted some P7. 63 . It has been subjected to large-scale waves of purging since the 1970s. the Bureau of Customs (BoC) is considered as one of the most corrupt. 2008 with only P1. Another bungle was the P1.14 billion in terms of bungled or incomplete projects in a report submitted by the Commission on Audit (COA) to the Office of the President for the year 2008. but "eradicating poverty" for the public.‖ refused to participate in the implementation.58 billion or 38.99 percent of the project implemented due to squabbles between the main office and regional offices.

4. 5. substitution and under delivery. There is a prevailing fixed rate of lagay. the practice had become a routine that both parties readily and mutually agree on the terms. The main reason why corruption is being resorted to is to expedite the processing of documents. negotiated canvass. Trillanes IV (now Senator) in 2002 had the following findings:94 1. The rest were condemned as having ―operational deficiencies. which is supposed to be the watchdog of the government against corruption. Ironically. Mini-dams for irrigation in Regions VIII. tong. However. the COA. However. where the consistent response yielded the amount of lagay at 1-2% of the amount of the transaction. which have no discretionary powers. built at a cost of P7. some offices were perceived to be more corrupt than the others. 6. 64 .35 million. There are several forms of corruption being practiced. There is corruption in the Philippine Navy procurement system. IX and XI. which are already part of the largesse as in the case of the BAC. However.2 million was spent on printing the useless FDCs. ―ghost delivery‖. 2. will result to bureaucratic corruption.55 million but succeeded in building only one ―operational‖ terminal. the levels of corruption of the different units of the PN varied and are dependent on the corruptive or non-corruptive behavior of their respective Commanders. Also. the corruptive behavior is not initiated by the dealer nor the procurement official instead. The DA also sought to construct 11 Barangay Food Terminals (BFT) worth P1. 3. got a 100% response in corruption perception. All offices involved in the procurement system had corruption incidences. These are.‖93 A study conducted by LTSG. were rendered useless due to inferior construction. overpricing. However. Anthonio F.Democratic Deficits in the Philippines: What is to be Done? Some P2. this is dependent on the amount of transaction except for the COA. which work within the milieu of the procurement process. as in the case of the Deputy Commander‘s office and to offices. this is not applicable to offices. rigged bidding. The data gathered validated the hypothesis inferred from the theoretical framework that boundary exchange processes between the procurement officials and accredited dealers. lagay.

both monetary and non-monetary have affected the quality of the bureaucracy in the Philippines. Independence is further compromised by the fact that the Ombudsman is politically appointed by the president. Its long history of inefficiency has also tainted its reputation (there were 14. the Supreme Court has dealt with the problem to some extent: The push for ethical and clean judges has been a continuing campaign. suspended sixteen trial court judges and one appellate court justice. Many do file complaints against judges and a number of these lead to sanctions. is now facing calls to resign by locals and CSOs alike. External and internal distortions now weigh down the 20-year-old government compensation system. The current head of the OMB is a former law-school classmate of the president‘s husband. or fining them.Democratic Deficits in the Philippines: What is to be Done? The Office of the Ombudsman is the primary anti-corruption agency in the Philippines.96 Factors Breeding Corruption and Inefficiency A study on the civil service focusing on incentive systems in the bureaucracy97.652 cases awaiting OMB action in 1994 – Freedom House Countries at the Crossroads: Philippines 2007) and analysts were disappointed in 2006 about the body‘s withdrawal of charges against the Commission on Elections for an automation contract in 2004. …from January 2006 to March 2009. which includes members such as the Makati Business Club (MBC). At the same time. particularly the Department of Education.95 With the challenge of corruption facing the Philippine judiciary in the face. the Court dismissed thirteen trial court judges and one Court of Appeals Justice. show the following findings: It was observed that incentives. 65 . described her as a ―liability in the fight to stamp out corruption" given her alleged inactivity as the principal anticorruption agent. She. That was a pretty large number for three years—about fifty are sanctioned a year—showing the seriousness of the Court. these numbers reflected the loose screening process in the judiciary. From 1986 to 2005. The increasing number of ad-hoc bodies. the Supreme Court punished more than a thousand regional trial court judges by dismissing. especially over the last several years. suspending. observers note that the agency falls short of fulfilling its mandate: Critics of the OMB highlight its focus on petty corruption at the expense of larger more senior-level cases. However. The Coalition against Corruption. Merceditas Gutierrez. and fined more than 100 trial court judges.

98 In a public forum on ―The Powers of the Presidency: Preventing Misuse and Abuse. and appointment as a reward. She tagged as ―calling card‖ secretaries and other designations (presidential advisers. by definition. Positive correlations observed between shares of CESO eligible people occupying executive posts in human services agencies and corresponding agency public approval ratings. at the very least. 66 . also provide some evidence that better bureaucracy quality is associated with better agency performance in the Philippines.‖ She also described as ―monobloc‖ secretaries appointed by Malacañang to various positions because the bureaucracy is bloated they have no official looking chairs but monobloc chairs. The latter. This seems to be accompanied by an increased vulnerability to rent seeking. contained.‖ the views of former Civil Service Commission Chairman Karina Constantino David on appointments to key positions in government should be noted as a factor that breeds corruption and inefficiency. is far more critical in government than in the private sector because the link between money wages and agent performance in government is. relatively weak. trends in the profile of personnel across all levels of the corps indicate a deteriorating quality. some factors in the Filipino psyche account for the spiritual or moral deficit that fuels corruption and inefficiency in the Philippine government. especially at the 3rd level comprising executive and policy/highly technical personnel.Democratic Deficits in the Philippines: What is to be Done? presidential consultants/advisers and political appointees is also a source of demoralization. According to media coverage of the forum: On the presidential appointment issue. then institutions (incentives) impinging on the civil service and on the performance of the bureaucracy need to be reformed or. David said that there is an excess of 81 undersecretaries and assistant secretaries which led to the politicization of the bureaucracy and undermining professionalization. On the whole. consultants and assistants) because they have the rank of secretary. have vague [functions with]…Duplicating and even comical titles ―blurring the lines of accountability.99 From a socio-cultural and psychological perspective. David said the present appointment system is warped in that the basis of some current appointments is loyalty above qualifications. What does this imply? If country shortcomings in human development are to be addressed. political spoils over competence. which pertains to non-monetary disincentives.

having no sense of shame. 67 . Filipinos have also become a people with many contradictions or traits that act as ―double-edged swords‖ which may account for the so-called manifestations of lack of civility. how many feeding programs.100 Filipinos have a sense of joy and humor which serves them well in difficult times but serious problems need serious analysis and humor can be distracting and unconstructive. each condominium construction.Democratic Deficits in the Philippines: What is to be Done? Sociologists and historians have noted the lingering.101 With the interplay of these traits within an environment predisposed to corruption. It is no longer the aberration but the routine. and in transactions between the government agencies and the entities in the private sector that deal with the government. One analyst even asserts that ―Corruption has corroded our spiritual life to the core…We have ‗normalized‘ corruption and accepted it as part of our daily lives. Surely. The religiosity of the Filipinos as a people is a source of strength and courage but may keep them passive and dependent on forces outside ourselves. also being hardworking and lazy. Filipinos are ―family-oriented‖ giving them a deep sense of their roots but this can also prevent them from reaching out beyond the family to the larger community and to the nation. or each franchise—and then multiply that bribe by how many vote were needed at the Sanggunian or in Congress. if not lasting. being ―other-oriented‖ and capable of great empathy and yet at the same time also self-serving. adaptable and creative and this allows them to adjust to any set of circumstances and to make the best of the situation but these also lead them to compromise on the precision and discipline necessary to accomplish many workoriented goals.‖102 He illustrates the vicious cycle of corruption: …Corruption goes into the heart of why our democracy doesn‘t work. Other ―combinations‖ of contradicting values include pakikipagkapwa-tao and kanya-kanya. effects of colonial policies during the Spanish and United States occupations such as political coercion and cooptation of native leaders into the colonial government service which is referred to in modern times as patronage politics. Filipinos are flexible. but this can be taken to the extreme where they can be excessively affected emotionally by interpersonal issues. each business permit. Corruption‘s hidden costs are just as deadly as its seen costs. and the phenomenon of apathy that help breed corruption within the civil service. Just look at our congressmen‘s and senators‘ pork barrel. not to mention the grease money needed to keep the petty bureaucrats happy in the regulatory agencies. or how many scholarships all that money could have supported. But we cannot count all the bribes entailed for each building permit. We can count or at least estimate the billions of taxpayer‘s money that is diverted to private pockets. how many hospitals. that is a loss. Filipinos are ―person-oriented‖ allowing them to be capable of much caring and concern for others. the so-called crab mentality. and you can roughly compute how many school buildings. envious of others and unconstructively critical of one another. some observers have argued that corruption has become systemic.

in that the stakes being so high.103 Leaders in the private sector have acknowledged that corruption is often a conspiracy between entities in the government and the private business sector. who corrupt public officials and the political system. business has successfully laid the blame for corruption at the feet of government officials.104 An examination of the existing legal framework dealing with graft and inefficiency will show that there are already many laws and other legal instruments and institutions in place. and legal-judicial reforms. by raising the stakes. Publicly. it has become—for the mercenary—worth killing and maiming the innocent. Anti-corruption provisions are found in the Constitution and various legislations on anti-graft and corrupt practices with stiffer penalties. The Philippine government has officially recognized and ratified the United Nations Convention against Corruption (UNCAC). 68 . It is impossible to aim for what Confucian societies call ―rule by virtue. Worst of all. Rather our corrupted democracy attracts the mercenary who see public office as merely a rent-seeking post. A retired business executive asserts that there is a: …widespread misconception that business is a victim of political corruption. fiscal policy. Worse. it has made campaigns more costly and thus excludes ordinary citizens from the contest or forces them into the waiting arms of political patrons and warlords.‖ for a kind of public service that beckons forth men and women of character. public oversight and civil society. competing for rent-generating privileges and concessions. civil liberties.) What is to be done? In a developing country like the Philippines with anti-corruption laws already in place. The stakes are higher and purely pecuniary. There are laws that have streamlined the functions and strengthened the anti-graft institutions. coupled with complementary efforts by the private sector and civil society. amending and expanding the prohibited acts of public officers prescribed in the Revised Penal Code. et. (See Annex I for Overview of the Legal Framework for Dealing with Corruption in the Philippines and Annex J for Rules Implementing The Code of Conduct and Ethical Standards for Public Officials and Employees. such as the Sandiganbayan and the Office of the Ombudsman. al. The following recommendations are based on the multi-pronged strategy formulated by Thomas. it has upped the ante in our elections. it makes sense to focus on making those laws effective through determined implementation or political will. it has made elections deadly.105 which covers six areas: political reforms. financial controls.Democratic Deficits in the Philippines: What is to be Done? Because corruption has made public office so lucrative. But it is actually wealthy people outside government. institutional reforms. The truth is business is the main source of political corruption.

reforms of political processes and systems should be an integral part of the government‘s overall anticorruption program.107 Indeed.Democratic Deficits in the Philippines: What is to be Done? Political Reforms There is a need to reform campaign finance in the medium-term. the wide influence of a family or clan will have the tendency to create a climate conducive to acts of conspiracy that may lead to corruption. Examples of suggested actions in this area are:   Selecting priority department and agencies. ambiguous legislation and administrative orders can be clarified or rescinded. and institutional origins. the World Bank‘s recommendations do not address them for lack of expertise and jurisdiction in this area. well-defined. In its issues. based on the public‘s priority concerns Identifying areas for a few quick wins that would give momentum to further reforms. Nevertheless. it is easier to make progress in the Philippines since: agencies and departments are relatively small. the financial requirements to obtain and retain office and placate core constituencies—create dysfunctional incentives that degrade the performance of the public sector as a whole. 69 . nature.106 Then presidential aspirant JSC de los Reyes of Ang Kapatiran even asserts that ―ending and prohibiting political dynasties as enshrined in the Constitution‖ will help curb corruption. At this level. The World Bank has noted that: The dynamics of electoral politics as practiced in the Philippines—particularly. their mandates are narrow. issues of corruption in politics are bigger than campaign finance reform and different from petty corruption in procurement and bribery in the civil service. Although these issues have been acknowledged in the Philippines and demand due consideration. and business processes can be broken down into discrete components and evaluated. and can easily be subjected to scrutiny and reform. Government reform The World Bank‘s recommendation to target selected agencies may be implemented in the long-term:108 Many corrupt behaviors are unique to specific government units and functions. Institutional Reforms Institutional reforms consist of government reform and civil service measures.

It shouldn‘t be enough that the police arrest suspects. Abolishing the pork barrel system. There should be a strong conviction rate because success breeds success.110 Another presidential aspirant advanced the following plan: Adhering to the constitutional mandate of passing the law on full public disclosure of all government transactions. it must be ensured that someone will be found guilty and punished. III said that there is a need to focus on strengthening the Office of the Ombudsman: We will assign people who will focus solely on monitoring these activities. We don‘t want a 20-percent success rate in our anticorruption cases. I will remove my power to appoint the Ombudsman and ask that the Constitution be amended to allow people to vote for an Ombudsman in a quick election based on track record.111 Presidential aspirant Maria Ana Consuelo ―Jamby‖ Madrigal said that: Whistle-blowers and anticorruption watchdogs should be adequately protected. and Making representations before the Supreme Court and Congress to bring about the speedy administration of justice. We will strengthen the Ombudsman. the discretion to allow or disallow certain deductions or exemptions. 70 .109 Presidential aspirant Richard Gordon of Bagumbayan volunteered to be highly accessible to the people and to remove his power to appoint the Ombudsman if he became President: We can eliminate corruption when our people can report to a man they can believe in. Abolishing laws. Then presidential aspirant Benigno Simeon Aquino. like those in the Bureau of Internal Revenue (BIR). Antigraft and corruption measures should focus on the big fish.Democratic Deficits in the Philippines: What is to be Done? We suggest that the various recommendations of presidential aspirants to reform government institutions or to implement existing laws in the medium-term to the long-term be seriously studied. rules and regulations that give government personnel. Once charges are filed. I will encourage people to text me every day so I will be able to monitor allegations of stealing from the government and right away we can investigate. I will be available 24/7.

270 which seek to establish a Career Executive System. I‘ll set deadlines. restructuring of agencies.Democratic Deficits in the Philippines: What is to be Done? Moreover.as well as clarifying the role of the Civil Service Commission in enforcing the same. meritocracy. Department of Public Works and Highways.112 Presidential aspirant Nicanor Perlas believed in focusing on the government agencies which are the greatest sources of corruption while creating a Cabinet position for civil society affairs: I will appoint a whole new set of people. especially in the BIR and Customs. as presented in a study by Monsod:114  Strengthen 3rd party enforcement as regards personnel hiring in order to reduce or check ineligible. to end corruption there within 100 days. Department of Education and Department of Environment and Natural Resources—the sources of high corruption. Provisions to this effect are currently proposed under House Bill No. Reform of monetary incentives. it should include the exposé and punishment of politicians for promoting and upholding free-market and free-trade policies that back up the foreign plunder and underdevelopment of the Philippine economy. Third party enforcement as regards the creation of new agencies – which is currently the jurisdiction of the Department of Budget and Management and Congress – also needs to be clarified and strengthened. The proposed Government Classification and Compensation Act designed by the CSC in 2006 tries to innovate in this regard.113 Civil service (pay and incentive reform. I will mobilize the millions of people in civil society to participate in a massive anticorruption drive. The framework of the current Salary Standardization Law (of 1987) is more than 20 years old and there lessons in the field of human resource management should be integrated in order to better link government compensation to agent contribution. All of these programs will not be implemented without the support of civil society. Customs. which is long overdue. political appointments.  71 . 3956 or Senate Bill No. So I will create a Cabinet position on civil society affairs. transparency) The following general recommendations are proposed to be implemented in the shortterm. especially in the BIR. Once they‘re appointed. This would require clarifying the extent of the Presidential prerogative – identifying which positions are subject to it and which should be based solely on merit and fitness .

Currently. it is recommended that the number of the plantilla positions of government prosecutors. For the military. the following recommendation should be implemented immediately:  Strictly adhere to the merit system of promotion and selection of officers to be designated as commanders of its different units. Presidential consultants/advisers -who are considered ―cabinet-level‖ positions – however undergo no such confirmation process. Yes. While any president is entitled to his or her advisers. likewise said that ―We have to work for restructuring in terms of pay scales and bonus schemes for public service. that will be my policy.‖117 To encourage more lawyers to join the Public Prosecution in the fight against graft and corruption.‖116 Presidential aspirant Gilbert Teodoro. regular Cabinet officials undergo a Congressional confirmation process in order to officially assume office. implementing related awards and sanctions.Democratic Deficits in the Philippines: What is to be Done?  Formulate an official policy of transparency as regards the role and authorities of presidential consultants/advisers.118 This may be carried out in the medium-term. and whether and how they are held accountable to entities other than the president. both in the Office of the Ombudsman and the National Prosecution Service. yet enjoy a great deal of authority. Jr. the question is who they are. I believe that the majority of those going to government are matino but we don‘t give them a chance to be one and we force them to go into these situations. and their corresponding salaries be increased. and enhancing meritocracy in appointments and promotions. They are also subject to public scrutiny not to mention administrative laws that (theoretically) help ensure that power is not abused.   Even then presidential aspirant Benigno Simeon Aquino III supports the provision of competitive salaries: ―We give them salaries and packages that would practically guarantee that they will not be corrupt. The related recommendations of Vinay Bhargaya of the World Bank may be implemented immediately and in the medium-term:115  Limiting the scope for patronage in public employment by depoliticizing the civil service and strictly regulating the use of casual and other contractual workers Decompressing the government pay scale to provide competitive salaries up to senior levels Strengthening performance evaluation. You have to reduce temptations. The primary criterion for qualification should be an officer who possesses technical competence and vision to 72 . what their terms of reference are.

by initiating several programs in the fight against corruption.      Government employees themselves should be at the forefront of fighting corruption and inefficiency. 73 . Active efforts to engage civil society to advance accountability and integrity are also needed. more importantly. The World Bank explains that: Measures to increase significantly the information made available to the general public have special importance because they let citizens know what officials are accountable for and how to judge their performance against those standards.119 Civil liberties. public oversight and civil society Civil society participation can be enhanced immediately by increasing transparency through public oversight. who are not governed by public accountability and parliamentary processes. the confederation of public sector unions of Philippine government employees. and procedures to file complaints on agency failure to follow required procedures Using government officials‘ statement of assets and liabilities proactively to identify possible cases of corruption Conducting client surveys to get regular feedback on access and quality of government services Establishing advisory boards made up of prominent Filipino citizens to assist the Office of the Ombudsman as well as each department and agency targeted for anticorruption effort Limiting the role of advisers in the government. An innovative approach has been taken by PSLINK.Democratic Deficits in the Philippines: What is to be Done? effectively formulate reforms and. has the moral integrity and political will to implement reforms. These may be replicated immediately by government employees in government agencies where PSLINK is not yet present:120 Participation in anti-corruption committees PSLINK sends members to participate in inter-agency anti-corruption meetings. maximum length of time to conclude the process. Actions that could enhance transparency and public oversight include:  Establishing a citizen charter. and enhancing the role of cabinet officials who are Strengthening the ongoing initiatives for governance-appraisal systems for cities and municipalities and publishing results annually. requiring an agency to specify and publish: each step of procedures to obtain a particular service.

former President 74 . These members are there to scrutinise the bidding process when results of bids are announced to ensure the proper process is followed. The private business sector also has a crucial role in ensuring that corruption is prevented through collective action or even as a national movement. The name is specifically designed to attract members and the concept mirrors the campaign to popularize quality through the creation of "Quality Circles". Procurement Watch and other NGOs to mobilise union members and boy and girl scouts to physically count the books during the delivery process and compare this to the number which were supposed to be delivered. Procurement of text books – counting away corruption One successful campaign involving the delivery of textbooks to primary school students demonstrates the success such monitoring processes can have in cutting down on corruption. These members receive training from an organisation called Transparency and Accountability Network (TAN) which has been accredited by the government to provide training on the new procurement law established in the Philippines. This reduced the number of missing text books from 55 percent to 5 percent. Members also participate in the deliberation and monitoring of the profits of companies bidding for public projects and ensure that terms and conditions contained in contracts are not disadvantageous for the government. They promote the purchase of generic brands over expensive brand-name medicines and closely monitor the expiry dates of medicines delivered to ensure that medicines which are almost out-of-date are not being off-loaded onto Filipino people. They also monitor the quality of medicines to ensure there is no substitution with inferior medicines during the delivery process. Adrian Wood. Corruption in the delivery of primary school text books resulted in up to 55 percent of the books not being delivered so PSLINK worked with TAN.Democratic Deficits in the Philippines: What is to be Done? Integrity Circles PSLINK is trying to form workplace-based ‗Integrity Circles‘ (IC‘s). Procurement In the area of procurement PSLINK has provided training to members of the Committee for Bids and Awards. Procurement of medicine – a healthy alternative to corruption The union is also involved with other civil society groups in monitoring the procurement of medical drugs and identifying any discrepancy between the listed purchase price and the actual money paid. The idea is to create groups at the level of the smallest unit to discuss and implement ways to improve the workplace and increase productivity and efficiency and to serve as monitors and advocacy groups. Mr. Procurement Watch PSLINK is also establishing a regional procurement watch to scrutinise the results of public bidding. Often there are large discrepancies.

and Company B must be obliged to investigate. If Company A learns about suspicious behavior by representatives of Company B. Apart from that. Plain language Code of Conduct for participating companies • International and local organizations which are actively campaigning against corruption can provide the basic templates for the Code of Conduct. During the meeting it is important to determine the program of activities. allocation of personnel and other resources. explains the essential elements for Collective Action: Neutral third party • Due to the antitrust law the pact should be sponsored by a neutral third party. Prevalent abusive practices in various business environments should be described in detail. a detailed but plain language code can be drafted by the lawyers from the participating companies once the project commences. From these industry-specific templates. then the CEO.Democratic Deficits in the Philippines: What is to be Done? and Chief Executive Officer of Siemens. lawyers or compliance officers at Company A must be able to inform Company B confidentially. assignment of duties and responsibilities. 121 75 . Approval and support from relevant government agencies • Sharing the proposed code with relevant government agencies gives them an opportunity to identify illegal and unethical practices which otherwise might not be known to the participating companies. Philippines. obtain the commitment of all of the CEOs of participating companies. Inc. Trade associations and NGOs can host the necessary meetings with the appropriate antitrust protections. There should be a formal agreement among the CEOs or General Counsel or Compliance Officers of the participating companies that suspicious behavior from any of their respective representatives or employees will be reported and mutually dealt with. This will ensure that operational issues are addressed immediately which is critical to the continuity of the program. Admonishing against the engaging in corrupt practices is not enough. It is important to determine the sharing of the work at the onset. correct and if necessary penalize the personnel and company who engaged in improper behavior. Self Regulatory Monitoring of participating companies • Critical to the success of Collective Action is the participating companies‘ commitment to transparency. specific rules and guidelines for relevant employee groups must be drafted. It also promotes more transparency among the various sectors involved in Collective Action. CEOs’ commitment to the project • Within the format of a trade association meeting with the third party sponsor(s) present.

123 For the long-term. This also requires establishment of sanctions on companies caught violating the agreement. reputations. there will be attempts to sabotage the movement not necessarily from outside but from even inside the membership. External enforcement can be initiated by customers or bidding companies through formal written agreements commonly referred to as ‗Integrity Pacts‖. Tordecillas explains: These are principle-based initiatives that serve to strengthen the signatories‘ commitment to eliminate corrupt practices in their business activities. usually a non-government organization responsible for monitoring the integrity of the bidding process. This method requires a third party or an auditing firm that can independently evaluate applications of interested companies as well as assess continuing membership based on the extent of conformance to the established standards.Democratic Deficits in the Philippines: What is to be Done? Vicente T. The certification process institutionalizes the members‘ commitment to curtail corrupt activities within their sphere of influence.‖ The leaders and member must trust one another and not hold back on their commitment or else the whole effort will easily break down. best practices sharing. a project-based agreement may be formulated. a retired business executive has proposed the formation of a national movement: …led by courageous business leaders willing to put their names. Vilegas. The enforcement is founded on peer pressure and an honor system dependent on the participating companies‘ internal corporate governance program. Of primary importance is the establishment of compliancerelated pre-requisites for memberships. information campaign and anti-corruption training.122 For the short-term. For sure. willing to make personal and financial sacrifices. Regardless of the form and substance. which usually involve government institutions. Compliance to the initiative is based on honor and public commitment. External enforcement under this approach is done via a structured audit and certification process. the following initiatives. companies and lawyers on the line and. This approach requires the participation of an independent and a reputable third party. are recommended: roundtable discussions. chambers of commerce and organizations. the movement should be determined and highly organized to fight ―the establishment. more importantly. This 76 . Tordecillas: According to This is an open declaration of commitment to clean business practices from various industries.

Democratic Deficits in the Philippines: What is to be Done? approach is the best route for ushering cultural change paving the way for a levelplaying field and an equitable business environment.     Fiscal Policy We support the recommendation of former Finance Secretary Ernest Leung for a major overhaul of the Philippine tax system in the long-term. has to be mobilized to combat corruption. Adopting accounting and auditing rules and standards to ensure transparency in business transactions. and sanctions. Involving the private sector will not only allow more sophisticated and sensitive policy responses to corruption to be developed but will also put pressure on the private sector to raise its own standards of behavior. Leung observes that Philippine tax laws and systems are very complex and this allows the rich or the favored few to pay taxes below the scheduled or appropriate amounts. as a major source of funds used for corrupt purposes. taxation. He notes that on a per capita basis. infrastructure. The following actions could be part of a government-private sector partnership against corruption:  Involving representatives of the private sector in designing anticorruption strategies in vulnerable departments such as customs. industrial policy. requiring a formal no-bribery commitment from all bidders for government contracts. The model antibribery legislation sponsored by the Organization for Economic Cooperation and Development (OECD) is an example in that it promises significant penalties for those who continue to pay bribes. thereby creating incentives for the others to revert to bribery again. and investment. the average common man 77 . Another example is the Integrity Pact concept being piloted in Indonesia.124 Corporate responsibility (international agencies and FDI) The World Bank‘s recommendation to develop partnerships with the private sector may be implemented immediately:125 The private sector. Encouraging higher standards of corporate governance. The OECD Principles of Corporate Governance (April 1999) provide a useful model for a local initiative. Engaging in a dialogue about how to solve the collective action problem associated with bribery: how to prevent some firms from continuing to bribe when others stop. personnel training. Developing and implementing company codes of conduct and ensuring their effectiveness through internal control mechanisms.

We support the recommendation of former Budget Secretary Emila Boncodin to minimize technical jargon and make the language of the government budget more simple so as to make it more understandable to the people. This law provides anyone with copies of all documents in all transactions. limit the boundary exchange processes to the front line levels in order to totally insulate offices mandated to perform review and inspection functions and thus discharge their duties with a more independent and dispassionate perspective. Presidential aspirant Manuel Villar of the Nacionalista Party has likewise proposed that ―I would work for increased transparency in government dealings. actively rooting out cartels. On Budget Control and Treasury Development For the long-term.126 Financial Controls Transparency should be foremost in instituting financial controls.‖130 On Procurement reform For immediate implementation.‖132 This may be carried out in the medium-term. Everyone who is interested can come to inspect the terms of reference of government contracts. a recommendation by the World Bank is worth considering:133 Reforming budget processes to achieve discipline. allocative efficiency and operational efficiency is a promising area to address corruption issues.Democratic Deficits in the Philippines: What is to be Done? pays more taxes through the automatic income tax regime than larger entities that pay corporate taxes.131 The World Bank also recommends ―Simplifying public procurement. eliminating noncompetitive aspects. He points out that exemptions given have created windows of opportunity for taxpayers in the higher income bracket to avoid paying taxes. I‘ll certify as urgent a bill on the proposed Access to Information Act or the proposed Freedom of Information Act which my son Joel as Cibac representative fought for in Congress. Villanueva stated that: ―In the first 12 days. especially in awarding bigticket contracts and large procurement activities. I would push for televised public bidding. Key potential actions to reform the budget process are: 78 . and opening up tenders to international competition.127 We also support the passage of a bill on the Freedom of Information Act supported by the Catholic Bishops' Conference of the Philippines (CBCP)128 and presidential aspirant Eddie Villanueva.‖129 The bill will pave the way for the full disclosure of all government transactions involving public interest. For instance.

00 or more. the penalty is only reclusion temporal in its maximum period to reclusion perpetua. Also. Any case of graft and corruption or crime involving betrayal of public office must be treated as a crime against public order like rebellion. It is believed that the law should be amended in such a way that if the amount malversed exceeds PHP100.00. the penalty should be the single penalty or reclusion perpetua. subversion or sedition. As in malversation cases. 3019 as amended. consisting of procedural/penal reforms and substantive reforms:134 On Procedural/Penal Reforms Procedural/penal reforms may be undertaken within the short-term. Former Presiding Justice of the Sandiganbayan Manuel R. in Republic Act No. the law should provide graduated penalties based upon the amount or damages sustained and in cases where the government is the injured party and the amount involved is PHP100. Revision of penalties of government-related crimes. On Probation Law. who is also a former public prosecutor and a trial judge. Pamaran. The uniformity of the imposable penalties is not in keeping with realities. the commission of any graft or corrupt practice as defined therein is uniformly penalized with imprisonment of not less than six years and one month nor more than 15 years regardless of the amount or value of the property involved. The penalty shall always be a straight one.000. No minimum and maximum period.000. In malversation. it should be punishable by a single penalty of reclusion perpetua.200. if the amount defalcated exceeds PHP22. Second. 79 . has proposed several solutions in the fight against graft and corruption in an article entitled ―Fighting Graft and Corruption‖. the Indeterminate Sentence Law shall not apply.000. It must always be a straight penalty of ten years or twenty years. hence. which appeared in a fraternal publication:135 First. persons convicted of government-related cases should likewise be not covered like those convicted of crimes against national security or public order who are disqualified from the benefits of the probation law.Democratic Deficits in the Philippines: What is to be Done?    Enhancing the integrity and effectiveness of government wide and agencylevel financial management systems Improving program performance monitoring and evaluation Limiting congressional discretion over detailed line-items and strictly enforcing public finance rules in remaining cases Legal-Judicial Reforms The recommendations presented here are for the short-term to medium-term.

utilization. Government-related cases should be set for trial within a period of two months from filing to five for allowance to motion to quash. ―no writ of injunction shall be issued by any court to delay an investigation. arraignment or other related matters. the warrant of arrest issued. which prohibits injunction against financial institution regarding collection of debts from borrower and Articles 213 and 214 of the Labor Code which prohibits any court to issue ―temporary or permanent injunction. because of the number of cases pending before the Sandiganbayan the number of division of the Sandiganbayan should really be increased to 15 but they should always be based in Metro Manila to insulate the proceedings from external influence. which prohibits issuance of any restraining order. where the graft cases involve recovery of sum of money or property. they can adapt ways and means to favor them to the disadvantage of the prosecution and the public dealing with them. should always be accompanied by a writ of attachment of property of the accused to avoid concealment or disposition to satisfy the civil liability or fine. there should be no issuance of temporary restraining orders or injunctions except those issued by the Supreme Court. 385. Fifth. or public grants of any kind or in connection with the disposition.D. preliminary injunction or preliminary mandatory injunction in any case involving or growing out of the issuance.D. Trial should be finished within a period of ten months from first setting and decision rendered within a period of two months from termination thereof. Consequently. On Substantive Reforms The following substantive reforms are recommended to be carried out in the mediumterm: 136 80 . We had tried this before with success when the Sandiganbayan first functioned.Democratic Deficits in the Philippines: What is to be Done? Third. In order that compliance with the aforesaid periods will be observed. licenses. approval of disapproval. In preliminary investigation of government related cases. permits. P. the proceedings must be terminated and resolved within a period of 30 days from filing thereof. P. exploration and/or development of the natural resources of the Philippines. The present rules are too long. Fourth. No. Also. exploitation. patents. affording the culprit to delay the proceedings to their advantage for as they still hold office during the proceedings. or restraining order in any case involving or growing out of labor disputes‖. 605. or any action whatsoever by the proper administrative official or body on concessions. revocation or suspension of. This is similar to Section 14 of the Ombudsman Act of 1989. There can be no reason why we cannot have it now. which provides.

high-reward‖ activity to a ―high-risk. but government‘s capacity to detect corruption and sanction corrupt practices should also be strengthened. 2. to strengthen the prevention. Codification of the fragmented anti-graft laws and the integration of the anti-graft provisions of the widely scattered special laws. low-reward activity. investigation and prosecution of graft. The goal is to change the current perception of corruption in the Philippines—from a ―low-risk.Democratic Deficits in the Philippines: What is to be Done? 1. Recap of “What is to be done?” Political Reforms  Reform campaign finance and end or prohibit political dynasties 81 .‖ The following actions would strengthen the anticorruption institutions:       Fast-tracking—for successful prosecution—a few high profile pending cases of alleged graft and corruption Merging the Presidential Commission Against Graft and Corruption with the Ombudsman‘s Office and strengthen the latter‘s capacity Strengthening capacity of the Sandiganbayan Supporting capacity building in forensic audit at Commission on Audit and corruption prevention at the Civil Service Commission Streamlining and simplifying the legislative and regulatory framework involving corruption and civil service codes of conduct Strengthening the functions of the Inter-Agency Anti-Graft Coordinating Council to harmonize rules and joint activities. The World Bank‘s similar and other recommendations may also be implemented in the medium-term and long-term:137 Anticorruption efforts should focus on preventing and eliminating root causes of corruption. Enactment of an additional law. and 3. with whistle blower protection provisions. Amendments of certain provisions of existing laws that provide opportunities for graft and updating of the archaic or vintage provisions to keep up with developments in governance.

Democratic Deficits in the Philippines: What is to be Done? Institutional Reforms      Target selected ―problem‖ agencies for government reform enhancing transparency based on the public‘s priority concerns Strengthen the Office of the Ombudsman and study alternative ways of appointing the Ombudsman other than by the President Seriously consider the proposals of the various presidential aspirants in the last May 2010 elections in relation to bureaucratic reform Strengthen third party enforcement in order to reduce or check ineligible. political appointments Reform the pay incentive system to make it more competitive and reduce temptations for corruption Strictly adhere to the officers/officials/managers merit system of promotion and selection of  Civil liberties. the confederation of public sector unions of Philippine government employees  Corporate responsibility (international agencies and FDI)  Develop government-private sector partnerships in combating corruption Fiscal Policy  Conduct a major overhaul of the Philippine tax system because exemptions given have created windows of opportunity for taxpayers in the higher income bracket to avoid paying taxes Financial Controls  Minimize technical jargon and make the language of the government budget more simple so as to make it more understandable to the people 82 . public oversight and civil society  Enhance civil society participation by increasing transparency through public oversight and by preventing corruption through collective action Encourage government employees themselves to be at the forefront of fighting corruption and inefficiency such as the innovative approach taken by PSLINK.

Local Government–National Government Relations Local Governments Local governments are anterior to national government. colonization. allocative efficiency and operational efficiency   Legal-Judicial Reforms  Undertake specific procedural/penal reforms such as imposition of straight penalties. E. conduct of speedy trials or fast-tracking of high profile cases.Democratic Deficits in the Philippines: What is to be Done?  Pass the bill on the Freedom of Information Act to pave the way for the full disclosure of all government transactions involving public interest Simplify procurement and limit the boundary exchange processes to the front line levels in order to totally insulate offices mandated to perform review and inspection functions Reform budget processes to achieve discipline. and no issuance of temporary restraining orders except by the Supreme Court Carry out substantive reforms such as enactment of an additional law with whistle blower protection provisions. Thus.    83 . warrant of arrest to be accompanied by writ of attachment of property. termination and resolution of preliminary investigation proceedings within 30 days. the overcentralized structure of our political system which has been permeating our politics for so many centuries many times goes against the many democratic principles that underpin our political system. increasing penalties for certain offenses. Local governments were the ―natural‖ ways of life before ―national‖ was created for consolidation during periods of occupation. codification of the fragmented anti-graft laws and the integration of the anti-graft provisions of the widely scattered special laws Study the possible merging of the Presidential Commission Against Graft and Corruption with the office of the Ombudsman Strengthening the functions of the Inter-Agency Anti-Graft Coordinating Council to harmonize rules and joint activities. amendments of certain provisions of existing laws that provide opportunities for graft and updating of the archaic or vintage provisions.

social welfare and environmental protection. education through the school 84 . social services including social welfare services. agriculture to include agricultural extension and on-site research.138 (See Figure 1) For over six decades of its existence. many attempts to move away from the centralized administration of the past centuries of colonial rule to restoring to its local units the governance of the citizenry.Democratic Deficits in the Philippines: What is to be Done? The Philippines is divided into 17 administrative regions. thus far. The 1991 Local Government Code was a monumental devolution of powers from the national government. environment to include community based forestry services. 136 cities. Ocampo and Elena M. public works funded by local funds. agriculture. This law devolved authorities in health.495 municipalities and 42.‖ and the politico-economic stranglehold of the center that has resulted in the paralysis of the extremities.008 barangays. 1985). 1991 Local Government Code The 1991 Local Government Code was seen as the most radical and the most comprehensive. (Manila: Local Government Center. The Philippine Local Government System: History. to include field and hospital services and other tertiary services. Nineteen years hence. 81 provinces. the Philippines has seen many. Panganiban. where are we now? In brief. Figure 1: Structure of Local Governments in the Philippines National Government Provinces Highly Urbanized Cities and Independent Component Cities Municipalities Component Cities Barangays Barangays Barangays Source: Based on Romeo B. 1. and Department of the Interior and Local Government (DILG). These basic services are in the field of health. in addressing the decades old supremacy of Manila pejoratively labeled ―Imperial Manila. the Local Government Code of 1991 has the following basic features:  It devolved to the local governments the responsibility for the delivery of various aspects of basic services which used to be within the jurisdiction of the national government.Politics and Finance.

139    Major Challenges of Local Government-National Government Governance 19 years hence. 85 . float bonds and obtain loans from private institutions. enforcement of national building codes. The Code also provided for the participation of civil society in local governance as it mandates participation of NGOs and PO or people‘s organizations local bodies like the local development council. In 2005. forestry and fishery. the Asian Development Bank came out with a comprehensive report on Philippine governance. operation of tricycles. providing them with specific share from the national wealth exploited in their area through mining. promotion and development. telecommunications services. what are the major challenges of local government-national government governance viewed through the implementation of the 1991 Local government Code? Capacity building is the constant battle cry of the local governments on whom so many erstwhile national government functions were devolved but so little finances to support them given. housing projects and other services.Democratic Deficits in the Philippines: What is to be Done? building program. inspection of food products and quarantine. the Internal Revenue Allotment (IRA) and given them additional tax power for local fees and other charges.140 No other extant study has covered all the bases as did this report so we are quoting it at length below.  It also devolved to local governments enforcement of regulatory powers like reclassification of agricultural lands. approval and processing of subdivision plans and establishment of cockpits and holding of cockfights. and the local school board. It included. The Code also increased the financial resources available to the local governments by broadening its taxing powers. in broad strokes. enforcement of environmental laws. an identification of the many issues and challenges of local governance in the Philippines as well as recommendations on how the intergovernmental relations between the national and the sub-national units may be enhanced. increasing their share from the national taxes. Many studies have advocated an urgent need to review the Internal Revenue Allotment (IRA) of the local governments particularly in the light of the creation of more cities following the Supreme Court decision. The Code also provided the local governments the power to enter into buildoperate-transfer arrangements with the private sector. tourism in terms of facilities. the local health board.

At the top of the list is the need for an urgent review of the Internal Revenue Allotment (IRA) formula which has been the bane for many local governments as they struggle to support the many devolved services. skills and competencies. The Local governments were mandated to pay for their salaries.to medium-term. The organizational aspects of these leagues as well as communication and coordination among them present a challenge for more effective articulation of their demands. We recommended that performance measures and poverty indicators should be included in the bases of the allocation. The problem is exacerbated where the devolved employee has a salary higher than the chief executive of the local unit to which he has been transferred. For the past ten years. Alternative 86 . the local governments have organized themselves into leagues to more effectively articulate their interests and realize their goals. the local governments found themselves hard pressed to pay salaries of these devolved personnel. Capacity and skills building noted earlier was also identified as a major challenge. It was noted that close to 65. This has disturbed the ecology of the local government employees. the local governments manning these devolved agencies needed a major education and training program to keep them up to speed with the requirements of the devolved agencies. Partnerships with NGOs and people‘s organizations through the various local government agencies and other decision making entities have yet to be enhanced and effectively enforced. Given their limited resources. Performance indicators and benchmarks and good practices for many areas of local governance have yet to be adopted and consensually agreed upon by the local units. The many disasters and environmental challenges that the local governments experienced have brought them to the realization of the need to restructure themselves and establish collaborative institutions as avenues for cooperation and coordination of activities for optimum use of resources and optimum results.      What is to be done? There are several things that can be done within the short.000 erstwhile national government personnel were transferred to the local units after the Code. As the devolved functions required more knowledge. Many studies have identified the need to reexamine the formula for the reckoning of how much IRA each local government unit will get. The new desired structures still have yet to be reconfigured.Democratic Deficits in the Philippines: What is to be Done? Major challenges identified:  Lack of financial support for the devolved personnel.

With the Local Government Academy at the helm. Experiences of other cities elsewhere in the world may be instructive for this purpose. The Code has provided for public sector–private sector collaboration but these relationships still have to be enhanced so public services will be more efficiently and effectively delivered. Recap of “What is to be done?”  Reexamine the IRA formula such that performance measures and poverty indicators should be included in the bases of the allocation Explore alternative ways of raising revenues by LGUs Adopt more efficient ways of collecting local taxes   87 . Local governments are at the forefront of governance. enhanced and periodically reevaluated so there is a consensually accepted measure of local governments not only for purpose of the IRA but more importantly for its citizenry to be confident that the democratic deficits are indeed being addressed. The ADB report recommended exchange programs with other countries which have already experienced the enhancement of their leagues. The performance indicators should be developed. we create islands of effective governance which will only redound to the increased credit to our democracy. If their effectiveness is enhanced. The need to develop an Integrated Master Plan for capacity building and training for Local governments at various levels has been identified by the ADB report. The call for professionalization of the secretariats of the various leagues has also been made by many quarters. There is also a need for the identification of ways to enable the local governments to cooperate and collaborate in many aspects of governance particularly in the areas of disaster management and environmental protection and preservation. Documenting and replicating best practices in other local governments in the country will be very useful. there is a need to coordinate all other education and training agencies to more efficiently deliver these services as well as to avoid overlaps and duplications of activities. then.Democratic Deficits in the Philippines: What is to be Done? ways of raising revenues by the local units also need to be explored as well as more efficient ways of collecting local taxes to be adopted.

exchange programs with other countries which have already experienced the enhancement of their leagues may be carried out Identify ways to enable local governments to cooperate and collaborate with one another and with other cities in other parts of the world in many aspects of governance.Democratic Deficits in the Philippines: What is to be Done?  Develop an Integrated Master Plan for capacity building and training for Local governments at various levels. city mayors. who has been involved in virtually every coup attempt against the government. It involved the military occupation of several hotels in Makati City. including the last one by marine officers on November 29. Armed Forces of the Philippines (AFP)/Philippine National Police (PNP) Reform The Armed Forces of the Philippines and Military Interventionism There have been at least thirteen aborted coup attempts since 1986--nine against President Corazon Aquino from 1986 to 1989 and four against President Gloria MacapagalArroyo since 2001. the country‘s premier financial district. the Local Government Academy can coordinate all other education and training agencies Professionalize the secretariats of the various leagues (barangay chairmen. The most serious one was that of December 1989 which nearly toppled Aquino. It was led by Col. particularly in the areas of disaster management and environmental protection and preservation Document and replicate best practices in public sector–private sector collaboration in various local government jurisdictions Develop.141 According to Anamdo Doronila. a political analyst. enhance and periodically reevaluate performance indicators for LGUs     F. Gregorio ―Gringo‖ Honasan. 2007. municipal mayors. The 2007 coup attempt also included then Major (now General) Danilo Lim. the various coup attempts in the past 24 years have: …unmasked an alarming political reality -.142 88 .the hijacking of Philippine democracy and sidelining of constitutional authorities when the police and military responded to the crisis provoked by a rebellious segment of the Armed Forces… They highlight the fragility of democracy and the ever-present danger of military intervention as the arbiter of political crisis lurking just underneath the surface of our unstable democracy. provincial governors).

" Yet in the case of the RAM leaders. the Estrada administration collapsed after the AFP general staff pulled out its support." Many who agree to this strategy insist it was the best choice under the circumstances. both sides went to the negotiating table with organizational interests at heart: on the part of government." he said. the Ramos administration devised its own strategy for dealing with ―military rebels." "Corpus. Ramos. For in truth. the military was deeply split. erases culpability. Ramos justified his amnesty program.community.‖ The Philippine Center for Investigative Journalism reports: But the Ramos government apparently deemed the recommendations inappropriate for its peace agenda. However. followed by massive civilian participation behind the mutinous faction.and opens the way for reintegration into the. who joined the communist movement but was accepted back. tasked to investigate and present a report in relation to the 1989 coup attempt.144 89 .) Victor Corpus." he pointed out. than let them out of the system and risk their involvement in criminal or rebel activities. As a result of this benign type of military intervention Filipino-style. on the part of RAM. for its members to return to the status quo. their promotions have been fasttracked partly as a result of the peace process. to cease hostilities.Democratic Deficits in the Philippines: What is to be Done? He also noted that the: Two regime changes in which the Armed Forces intervened (those of EDSA 1 in 1986 and EDSA 2 in 2001) were a porous mix of the participation by the military and civil society. [Felipe] Miranda likened this to a tactic of balancing terror. presented a set of recommendations to then President Fidel V. said a senior defense official. In 2003." he said. and the defection of military units to the rebel side. the constitutionally mandated supremacy of civilian authority over the military has never been firmly established. After the signing of the pact.143 The Davide Commission. It did not even invite any of the commissioners to the peace negotiations with RAM. It was better to put these soldiers under military control. "The basic rule there is you don't annihilate the enemy. "tempers the retribution of the state against (rebels)." He also described it as "a tool for national reconciliation and empowerment. Col. Prof. "Amnesty. "(You) probably just have to exact penalties like what they have done to (Lt. In the February 1986 coup. "lagged behind all his batch mates in promotion.

Some 1. A total of 153 military officers who had been jailed or charged for the 1989 coup have been reinstated. according to military records. Journalist Glenda Gloria documented the presence of soldiers in post-EDSA governments and had these findings: …the appointment of officers in the civilian posts is reflective of the rent-seeking character of the country‘s influential sectors. Batac led troops in seizing TV stations during the 1989 coup. Following the peace agreement it signed in 1995 with the Rebolusyonaryong Alyansang Makabansa (RAM). and for so long as weak civilian institutions remain vulnerable to destabilizing forces. For so long as the military brokers political transitions.145 Military officers have since entered the civilian bureaucracy occupying key positions in government. the Ramos government granted unconditional amnesty to 3. a group of university alumni. like former PC Lt. This number excludes 55 military officers who remained in active service because they had not been formally charged in court. including four who have been promoted to general like Victor Batac. …the military‘s access to arms has affected the way administrations have treated it vis-à-vis appointment to government posts. newly appointed commissioner for the Caraga region of the Economic Intelligence and Investigation Bureau. Col. while Turingan led the attack at Sangley Point in Cavite. 90 . for so long as there are insurgencies and rebellions that make the nation dependent on its armed forces. ………………………………………………………….675 soldiers who had been previously charged have also returned to the military. this pattern of military appointments to the bureaucracy shall continue. now deputy director for logistics of the Philippine National Police. or a law firm. which include the officer corps of the Armed Forces. Four others are working in the different line agencies of government. In various departments and agencies.Democratic Deficits in the Philippines: What is to be Done? A news report presenting an update on the careers the military officers and personnel involved in the 1989 coup attempt bears this: Almost all of them are back in service. we see not only ― military dynasties‖ but also blocks and turfs controlled by various elite groups such as fraternity organizations. then home to the military's T28 planes.731 military officers and soldiers involved in the 1989 and 1987 coup attempts. Billy Bibit.

This was also the case in officers involved in corruption and unexplained wealth who were left untouched. soldiers who figured in the nine coup attempts against former President Cory Aquino or were implicated in the assassinations of labor leader Rolando Olalia and Bayan leader Lean Alejandro were not only pardoned but were even reintegrated and promoted. and were given a free hand in coercing civilian agencies. But its image nevertheless was tarnished during the dictatorship as a hatchet institution for repressive dictatorship.Democratic Deficits in the Philippines: What is to be Done? Regimes will choose this path rather than risk an armed confrontation with their politicized soldiers. the Harvard professor who wrote The Soldier and the State as well as other books on the role of the military in Third World countries. Huntington. Military officers were assigned to manage civilian institutions in exchange for their loyalty to the dictatorship. including the once-independent judicial system. Meanwhile. Samuel P. The role of the military in political transitions has always put this institution in a crucial role as either the embodiment of the apparatus of repression. Since that time. the Young Officers Union (YOU). suggests that the propensity for military intervention increases when government institutions are weak. the Armed Forces of the Philippines has also been factionalized by enemies from within. Misused to impose the Marcos dictatorship in 1972 that lasted for 14 years. there were many concessions given by the government to military rebels which do not augur well for Philippine democracy: Embroiled in a nationwide anti-insurgency war and a Muslim rebellion in the island of Mindanao since the late ‘60s. the military‘s foiled rebellion in 1986 is also what led to a people-power uprising that deposed that dictatorship. or as a liberator that turns the tide in political standoffs. Soldiers of the Filipino 91 .147 Prof.146 According to Prof. when strong political parties are absent and when a government‘s legitimacy is put into question. This was not a healthy direction for this institution which now began to look at itself as a sector that could compete for its sectoral interests in Philippine politics and society. Roland Simbulan. Simbulan further adds: Many officers who figured in tortures and disappearances and played god in summary executions as documented by Amnesty International were not only left unpunished but were even promoted. Military organizations or factions since the Reform the Armed Forces Movement (RAM). the military has become—dangerously—a highly politicized institution. coming from the ranks of its most elite units and most respected combat-tested field commanders.

It has been estimated that up to 60 percent ―of all police officers live below the poverty line and most live in squalid slums. Less than one-fourth of amounts supporting police operations in the field (investigation. including salaries for police in the field. and might not be documented in a transparent manner. completion of training. As in the case of the courts. see Annex K. and the Local Government Code authorizing LGUs to supervise the day-to-day operations of the police—make the police vulnerable to the control of local officials. Mandatory retirement is at age 56 years. and maintaining police–community relations) is allocated to the field offices. the relatively low compensation scheme for PNP personnel remains an obstacle to attracting highly qualified candidates. intelligence. and a clean record with regard to complaints.152 92 . Candidates enter PNP on the recommendation of local authorities. examinations.Democratic Deficits in the Philippines: What is to be Done? People (a spin-off of the Nationalist Army of the People of Marcos loyalists). based on length of service. and now the Magdalo.) The Philippine National Police and Political Pressures Compensation scale in the PNP remains a major concern in relation to raising the morale of personnel in the force. highly centralized administration is a source of inefficiency.150 The increased role of local government units in relation to local police stations and to the PNP in general have made the PNP vulnerable to pressures and influence from local political leaders.148 (For a brief history of the AFP and the PNP. The contributions may be in cash or in kind. may vary in amount from place to place. LGUs justify these contributions on the grounds that they rely on PNP officers to perform peace and order functions.151 The study elaborates: The local police receive resources from LGUs and are tasked to maintain peace and order within their jurisdiction. A study of the ADB has shown that: Other factors—such as LGUs contributing resources to the local police and playing a recommendatory role in the recruitment of police officers. curbing corruption and making it independent of political interests. While salaries of the PNP personnel have increased. a limitation that results in rapid turnover and lack of continuity in leadership positions. They advance by promotion from within. are today a threat to the constitutional stability of a nonpartisan military.‖149 A study of the Asian Development Bank (ADB) explains that: More than 95% of the national government‘s appropriations for PNP are centrally managed.

The Philippine National Police (PNP).3. Such confusion is compounded by the fact that PNP officers may be subject to disciplinary proceedings before a number of agencies. NAPOLCOM. In election hotspots. Election season is a particularly sensitive situation for the PNP. and LGU officials in relation to PNP. At a conference in Camp Crame with regional. PNP. this authority is suspended during the election period. in a press release. and barangay elections. However. and ballot boxes. district. the polling precincts. Versoza explained that while Republic Act (RA) 6975 gives city and municipal chief executives the authority to ―employ and deploy‖ territorial police forces.Democratic Deficits in the Philippines: What is to be Done? Other government agencies and institutions further add to the pressure: PNP is also adversely affected by unclear lines of authority. all of which have their own sets of requirements and procedures.154 In the recent May 2010 elections.f. together with NAPOLCOM (the national commission to which the PNP reports in accordance with the Constitution) are placed under DILG. Versoza said the local government‘s exercise of operational supervision and control over PNP units cannot be invoked 30 days immediately preceding and 30 days following national. if not eliminate the influence of local politicians on the PNP: Incumbent mayors and other elected local executives are not allowed to exercise control and supervision over police deployed in their respective areas all throughout the election period for the May 10 automated polls. as explained in Section A..153 Apparently. local. Citing specifically Section 51 of RA 6975. and governors and mayors have the authority to choose PNP provincial directors and chiefs of police. said it was issuing the reminder to further their moves to insulate the police from partisan politics. A Supreme Court decision on the matter notwithstanding. and all of which hold hearings. It is NAPOLCOM. at the same time PNP field officers are under ―operational supervision and control‖ of city and municipal mayors. there remains some confusion regarding the roles of DILG. which monitors PNP performance and serves as a forum for appeals from disciplinary actions. 93 . provincial. PNP director-general Jesus A. The Commission on Elections (COMELEC) deputizes the PNP and the AFP for the orderly conduct of elections with the primary role of maintaining peace and order in the polling places. the AFP is deputized to secure and protect the Board of Election Inspectors (BEI). the above mentioned conditions have brought about ―institutionalized politicization‖ of the PNP. measures are taken to minimize. and city police directors. and not DILG. the voters.

favoring one mayoralty candidate in Pampanga.Democratic Deficits in the Philippines: What is to be Done? He added that during this period.‖ Verzosa said. Alaminos City and Capiz. ―This specific provision of the law guarantees that our policemen will not be utilized by local government executives in partisan political activity. thus helping ensure honest." ICAP commissioner Herman Basbano told reporters after he submitted their request to the office of Melo. it should focus on areas where the local police are likely to be used for partisan political purposes. such as LP strongholds Cavite. The Liberal Party earlier decried the arbitrary replacement of local police directors in areas where the administration is perceived to be weak. "Ang mga provincial police director na dapat tamaan ng rigodon. Pampanga municipal police chief Senior Superintendent Abel Lingat to a different police station during the election period. and orderly elections. The ICAP said the PNP should monitor the actions of the provincial directors to "ensure" that they will not be "beholden" to any political figure in their provinces. yung mga overstaying na dahil may kapit sa itaas. peaceful. 156 But such efforts by the PNP were criticized by some quarters as being intended for the Arroyo administration‘s political ends: Senator Mar Roxas emphasized that if the DILG must reshuffle its local police directors. The ICAP likewise asked Melo to order Verzosa to transfer Porac. The Independent Commission Against Private Armies (ICAP) also known as the Zeñarosa Commission asked Comelec chairman Jose Melo in a letter to direct Philippine National Police (PNP) chief Director General Jesus Verzosa to immediately "rotate" their provincial directors in Region 9 during the election period. "The same police (officer) got involved in partisan politics. the local police forces shall be under the supervision and control of the Commission on Elections (Comelec).155 Police chiefs were also reshuffled to derail any attempts by local politicians to use police personnel for political ends: A panel tasked to disband politicians‘ armed groups on Tuesday asked the Commission on Elections (Comelec) to allow the reshuffling of police chiefs to avoid tie-ups with local executives suspected of harboring private armies. yung mga talagang kumakampi sa mga lokal na pulitiko. yung mga nagpapagamit sa pulitika (The provincial police 94 .

PNP Director General Jesus Verzosa ordered all unit commanders who are set to retire from April 15 to June 30 to relinquish their posts. 95 . The order affected senior officers assigned as chiefs of police offices in the regional. Verzosa clalrified that the memorandum was ―not mandatory but voluntary." Roxas stressed. The PNP did not name names. dealing with private armed groups has been complicated by the ties of such groups to the PNP structure itself. However. provincial.040 armed members. Police officers who graduated from PMA hold important positions and ranks higher than their Philippine National Police Academy (PNPA) counterpart.159 However. those allowing themselves to be used in partisan politics). but continuous monitoring is ongoing to preclude all possibility that these groups will be employed for violent partisan activities related to the elections. I suspect not only that the silence of police officers has been bought. a remnant of post Philippine Constabulary-Integrated National Police (PC-INP) force dissolved in the 1990‘s after the enactment of the PNP Law. but also that they are afraid to be transferred or be placed in ―floating status‖ because the warlords‘ networks reach well within their organization. although the warring political groups in the province could be narrowed down to two. Verzosa said.157 To further insulate the police force from partisan politics. Sixty-six (66) active PAGs operating in 12 regions have been monitored to be undertaking legal and illegal activities that benefit a particular political interest. Twenty-two (22) other PAGs have been monitored to be dormant or inactive. the Philippine National Police (PNP) was monitoring seven private armies. city and station levels. those who obviously side with some local politicians.Democratic Deficits in the Philippines: What is to be Done? directors who should be affected by the rigodon are those who are already overstaying because of connections upstairs.‖158 The PNP has been tasked to monitor private armies or Partisan Armed Groups: The PNP has monitored a total of 112 Partisan Armed Groups operating in the country with an estimated 4. there are widespread complaints about the so-called ―monopolized promotion system‖ allegedly controlled by police officials with the ―mistah mentality‖: …It was noted that juicy positions and questionable promotions were only delegated to the remaining 500 Philippine Military Academy (PMA) graduates. An account of a native of the province of Abra illustrates this: The last I heard. Case intelligence build-up operations are now underway for the launching of appropriate police or legal actions against these groups.160 From within the ranks of the PNP.

by Republic Act No. to conduct a thorough fact-finding investigation of the failed coup d‘etat of December 1989 and to recommend measures that would prevent the occurrence of similar attempts in the future. The following selected short-term recommendations of the Davide Commission are still relevant today in order to prevent or in dealing with actual coup attempts (See Annex L for details of the Selected Recommendations of the Davide Commission. that will insulate the PNP from partisan politics is also presented. Ricardo J.162 What is to be done? The challenge to remove political pressure from the AFP and the PNP appears to be a simple problem but has become a deeply ingrained one. The strengthening of security measures on those under detention. The Davide Commission was formed in December 1989 by Presidential Administrative Order (AO 146) and later. Davide. that will be the one to run the country. The somewhat ―radical‖ recommendation previously proposed by CPRM Consultants. with distinguished personalities from academe and the private sector as members: Carolina G. It was headed by Hilario G. 2010.‖ he said. ―Not even Ramos. those who can succeed the president are the vice president. Jr. especially where there may be sympathetic guards 96 . Administering a justice and rehabilitation program to military participants 2. Not even former presidents. Whoever is followed by these institutions (AFP and PNP). Inc. They had raised the issue many times but nothing comes out of it. Senate president and Speaker of the House of Representatives. Monsod.Democratic Deficits in the Philippines: What is to be Done? PNPA graduates claimed that they are not being treated equal by the PMA police officials.161 The image of a politicized AFP and PNP can be summed up in a statement made by Senate President Juan Ponce Enrile before the May 2010 elections that: …it would be the AFP and the PNP that would choose the nation‘s transition leader in case President Arroyo‘s successor and those who are in the line of succession to the presidency are not proclaimed before June 30. It will take determined political will to address this challenge by implementing the key recommendations contained in the Davide Commission and the Feliciano Commission reports which have not yet been implemented. and to follow-through on those that have been implemented.):163 1. 6832. Hernandez. Under the Constitution. Lazaro and Christian S. in that order. Enrile said not even former President Fidel Ramos and other former presidents can take charge if there is an election failure. Romulo. Delfin L.

13. 10.Democratic Deficits in the Philippines: What is to be Done? 3. operations. the following recommendations for the long-term made to then President Fidel V. The purchase or charter by Congress of its own transportation facilities and prohibition on their use of military equipment and aircraft. The institutionalization of necessary improvements in the military in the areas of promotion and assignments. logistics. The immediate removal or reassignment of officers of less than 100 percent loyalty from sensitive positions in the military hierarchy. The expansion of the government‘s information program which has considerably and commendably improved since December 1989. 14. and compulsory attendance at military command schools. 9. 97 . especially those before the Commission on Appointments. The provision of sufficient resources and support to the Deputy Ombudsman for the Military. and training functions. Ramos are still relevant (See Annex L for details of the Selected Recommendations of the Davide Commission. i. with more participation by local government officials. 11. In addition. 12.e. purchasing and auditing. Speedy action on appeals over decisions of AFP courts-martial 4. An immediate audit of the value formation program of the military and. Speedy and firm disciplinary action and/or prosecution against members of the military involved in human rights violations as well as of civilian law enforcement personnel involved in victimizing military personnel. with the help of civilian experts. 7.): 1. 8. and the training of field commanders to carry it out. a crackdown by the military on some "big fish" corrupt officers. intelligence. The observance of a systematic selection process for the new Chief of Staff that generates the least controversy about the choice.. Just as in the civilian government. The immediate implementation of a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat 5. An immediate stop to unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials. the formulation of an intensive program (essentially constructive indoctrination). educational benefits abroad. The immediate disbandment of organizations not authorized by the military. 6.

geographic distribution of hospitals should be reviewed. We propose that the above two recommendation may also be applied similarly to the PNP. Commodore Rex C. Roland A. The commission was composed of Florentino P.Democratic Deficits in the Philippines: What is to be Done? 2. Robles. Reyes as Vice Chairman. The Feliciano Commission completed its work on the 2003 Oakwood mutiny on October 17. It made the following recommendations which are still relevant today and may be implemented in the medium-term (See Annex M for Selected Recommendations of the Feliciano Commission. Simplify AFP procurement procedures 2.):164 A. Modernizing the AFP: Funding and Consequential Problems Reinforce the Office of the Ombudsman by increasing funding and other support D. Narciso. Bernas.. part of the funding of the AFP Modernization Program generated from the sale of Fort Bonifacio land should be dedicated to the modernization and upgrading of medical services.). in accordance with the original statutory intent. Hernandez.. The AFP Procurement System: Conversion and Other Problems 1. Liquidate present RSBS in an orderly manner 2. 98 . On the management side. 2003. Consolidating existing hospitals into fewer units could probably result in better medical services. S. Initiate an AFP Service and Insurance System B. The RSBS Problem 1. Establish an autonomous Internal Affairs office (IAO) C. Strictly implement control measures over supplies 5.J. AFP (Ret. Joaquin G. Set tenure limits for AFP finance and procurement officers 6. Return the soldiers‘ RSBS contributions 3. Feliciano as Chairman. Reduce the amount of CMF in GHQ/service HQ hands 4. and the following as members: Carolina G. and Capt. The State of the AFP Medical Services On the financial side. G. Control commanders‘ discretionary powers over the CMF 3. Minerva P. The President and the Commission on Appointments must work out a system by which recommendations for promotions can be categorized in practice to avoid the exploitation of the confirmation process for political purposes.

G. after realization thereof. appoint and promote and discipline the police force without prejudice to an appropriate civilian review system.: Removing negotiable and highly discretionary support from LGUs. removing LGU authority over the internal administration of the police force…165 99 . and (4) Strict implementation of existing criteria for the awarding of government quarters to officers and enlisted personnel in the active service must be ensured. (3) The number of privately owned quarters in all military bases should be reduced. Inc. we support the following recommendation of CPRM Consultants.Democratic Deficits in the Philippines: What is to be Done? The suggestion that doctors be hired as doctors and compensated according to their level of expertise and experience and not according to rank. needs no documentation. A government counterpart to the premium paid by soldiers to PHILHEALTH insurance should enhance the benefits which the military can receive. reintegrating authority to the PNP Chief to recruit. The close relationship between the prompt availability of adequate medical services when needed by troops engaged in encounters with hostile forces. (2) The ―overstaying‖ of retired military personnel in AFP housing should be stopped and rectified. and the fighting efficiency and morale of such troops. The Problem of Benefits for Soldiers Killed in Action …What is needed is the strengthening of the record system of the personal data of soldiers and their dependents. Clearly. dedication of more efforts and funds to the improvement of the AFP medical services. E. The Inadequacies of AFP Housing for Officers and Enlisted Personnel (1) The AFP budget should provide for increased allocation of funds for the AFP On-Base Housing Program as well as its Off-Base Housing Program. The data should not only be accurate and up to date but also immediately accessible. probably merits consideration and trial and validation. if not totally eliminated. computerized information systems are called for. What is needed is. Finally.

and compulsory attendance at military command schools (similar improvements may be done for the PNP) Work out a system between the President and the Commission on Appointments by which recommendations for promotions for the AFP can be categorized in practice to avoid the exploitation of the confirmation process for political purposes (this may also be applied to the PNP) o o o o o o o o o  Implement the relevant key recommendations of the Feliciano Commission report o Liquidate the AFP Retirement and Separation Benefit System in an orderly manner and return the soldiers‘ contributions o Establish an AFP Service and Insurance System 100 .e. purchasing and auditing. among others: o o o o o Administer a justice and rehabilitation program to military participants Strengthen security measures on those under detention Carry out speedy action on appeals over decision on AFP courts-martial Implement a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat Remove or reassign officers of less than 100 percent loyalty from sensitive positions in the military hierarchy. especially those before the Commission on Appointments Conduct of speedy and firm disciplinary action and/or prosecution against members of the military involved in human rights violations as well as of civilian law enforcement personnel involved in victimizing military personnel Encourage the purchase or charter by Congress of its own transportation facilities and prohibition on the use of military equipment and aircraft Provision of sufficient resources and support to the Deputy Ombudsman for the Military Institutionalize necessary improvements in the military in the areas of promotion and assignments. i. and training functions Disband organizations not authorized by the military Observe a systematic selection process for the new Chief of Staff that generates the least controversy about the choice Crackdown by the military on some "big fish" corrupt officers Stop unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials..Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  Implement the key recommendations contained in the Davide Commission report in order to prevent or when dealing with coup attempts when they happen. intelligence. educational benefits abroad. operations. logistics.

Democratic Deficits in the Philippines: What is to be Done? o Simplify AFP procurement procedures o Strike a balance between the commanders‘ discretionary powers over the centrally managed funds (CMF) and the amount of CMF in GHQ/service HQ hands o Strictly implement control measures over supplies o Set tenure limits for AFP finance and procurement officers o Establish an autonomous Internal Affairs office (IAO) o Reinforce the Office of the Ombudsman by increasing funding and other support o Improve the state of AFP medical services:  Ensure that part of the funding of the AFP Modernization Program should be dedicated to modernize and upgrade medical services  Review the geographic distribution of hospitals  Study the scheme of hiring of doctors as doctors and compensating them according to their level of expertise and experience and not according to rank o Implement full computerization of data on soldiers and their dependents to facilitate processing of death benefits and other benefits o Provide for increased allocation of funds for the AFP On-Base Housing Program as well as its Off-Base Housing Program o Ensure the strict implementation of existing criteria for the awarding of government quarters to officers and enlisted personnel in the active service  Remove negotiable and highly discretionary support from LGUs. appoint and promote and discipline the police force without prejudice to an appropriate civilian review system. reintegrate authority to the PNP Chief to recruit. and remove LGU authority over the internal administration of the police force 101 .

124 classrooms.170 Year after year.846. health.440.200 and Japan PhP293. chairs and desks and other educational materials for the large public school population. Although some performance indicators may have increased in absolute terms.167 The budget for every student is only PhP6. The following facts and figures depict the state of the Philippine education system:  The government allocates only about 12 percent of its national budget to education. It shall include the areas of education. A. The average student-to-classroom ratios in neighboring countries are as follows: Malaysia 31. Malaysia PhP56.Democratic Deficits in the Philippines: What is to be Done? III. Thailand spends an equivalent of PhP47.7:1.6:1 and India 40:1. the Arroyo administration claimed that progress has been made in education.171      102 .168 The ideal student-to-classroom ratio being used by the Department of Education (DepED) is 45:1.166 Only 2.354. SOCIAL AND ECONOMIC SYSTEMS This chapter will present the democratic deficits in the social and economic systems of the country. World Bank notes that developing countries spend 20 percent of its national outlay on education. UNESCO estimates that 6 percent of a country‘s GDP should be allotted to education.9:1. there is still a shortage of 27. Education System State of Philippine Education Pointing to a few improved figures in recent years. the fact remains that they are still way below international standards.53 percent of the Gross Domestic Product (GDP) is set aside for education. Thailand 22.169 In 2009. a serious sign that Philippine education is lagging behind.700 per student. three years after the government began its classroom-building program. And that the figures pale in comparison to those of other nations is. textbooks. environment. population and publicprivate sector partnership. in this age of global competitiveness. the education system is mired in the lack of teachers. these few improved figures are quite outnumbered by the mostly poor marks that the Philippines obtained in many education areas. Moreover. Japan 28. United States PhP123. computers.

173 Many young children do not undergo preschool education due to lack of access and low importance given to early childhood education. Almost two decades after making a commitment to the Education for All (EFA) initiative. only 41 percent are high school graduates or higher.Democratic Deficits in the Philippines: What is to be Done?   Double or sometimes even triple-shifting of classes in public schools has been adopted to address the classroom shortage.181 1/5 of poor families have children 7-14 years old who never attended school or dropped out early compared to only 1/10 of non-poor families. or from rural areas.174 Students spend only 10 years in primary and secondary school.177 Among high school graduates. 52 percent have not mastered Math.16 million or 16 percent of the population are functionally illiterate: 98 percent of unschooled. There are not enough public secondary schools to take in the large number of elementary graduates.176 Of 638 elementary graduates.178 Among the 10-64 year-old population. For every 40 village primary schools. or with least educated parents. UNESCO reported in 2009 that there were 1.182           103 .172 There are over a million out-of-primary-school children. only 42 will graduate from high school. 84 percent can read. Of the 65 who finish elementary. from poorest families. 65 percent can read.175 For every 100 children who enter Grade 1.179 9. compute but not comprehend. The Philippines and Mongolia are the only remaining countries worldwide where students spend less than 12 years in primary and secondary education. only 6 have access to preschool education. 35 percent of elementary drop-outs.180 More children who do not finish school or fail targeted competencies are boys. or from poorest regions. compute and comprehend. 29 percent of elementary graduates are illiterate youths and adults. 89 percent can only read and write. there are only 8 municipal secondary schools. write.800 children of primary school age who were not enrolled. only 65 will move on to high school. For every ten 5-year-old children. Access of 3-5 year-old children to early childhood education remains at a low 34 percent. and 74 percent have not mastered Science competencies. only 7 mastered all minimum competencies for elementary level. write.002. 44 percent have not mastered English.

education has continually been given top priority and great efforts have been put out to improve the system. BESRA seeks to create an education system that is capable of attaining the EFA goals by 2015. as well as intensive research.) What is to be done? Much of the problems besetting the Philippine education system have been attributed to lack of funding.184 (See Annex N for a detailed discussion of the Major Issues and Challenges in the Philippine Education System.Democratic Deficits in the Philippines: What is to be Done?   25 years old or more adults who are poor have 3 years less schooling than non-poor counterparts. But the fact that countries such as Tanzania and Zambia. This section presents the suggested measures that have been advanced. A product of in-depth discussions and consultations among stakeholders and interest groups. Universal Coverage of Out-of-School Youths and Adults in the Provision of Basic Learning Needs: All persons beyond school-age. regardless of their levels of schooling should acquire the essential competence to be considered functionally literate in their native tongue. more commonly known as BESRA was drafted in 2006. It proves that with the kind of resources the country has.183 The DepED‘s present mantra of school-based management (SBM) is contradicted by its highly-centralized structure.‖185 Various groups have in fact come up with several recommendations to improve the education system. 3. The government in turn has maintained that despite scarce resources. the education system should be in a much better position than it is now. 2. Universal School Participation and Elimination of Dropouts and Repetition in First Three Grades: All children aged six should enter school ready to learn and prepared to achieve the required competencies from Grades 1 to 3 instruction. and all children aged twelve to 104 . whose income is only a fourth of that of the Philippines are doing better. Toward this. A UN report noted that ―the absence of political leadership in the country contributed to the deterioration of education…. says otherwise. The Basic Education Sector Reform Agenda. Universal Completion of the Full Cycle of Basic Education Schooling with Satisfactory Achievement Levels by All at Every Grade or Year: All children aged six to eleven should be on track to completing elementary schooling with satisfactory achievement levels at every grade. BESRA sets the following objectives which we support:186 1. in Filipino or in English.

a coalition of education experts and concerned citizens has come up with the ―10-Point Education Reform Agenda‖ which offers the following ―10 doable things‖ envisioned to reform the education system:187 1. alternative learning systems. 105 .Democratic Deficits in the Philippines: What is to be Done? fifteen should be on track to completing secondary schooling with similarly satisfactory achievement levels at every year. 4. Ensuring universal access to education. the BESRA focuses on specific policy actions within five key reform thrusts (KRT) as follows: KRT 1: Get all schools to continuously improve. Total Community Commitment to Attainment of Basic Education Competencies for All: Every community should mobilize all its social. Developing community ownership of schools. Empowering teachers. 7. KRT 4: Improve impact on outcomes from complementary early childhood education. Promoting academic excellence by developing globally benchmarked standards of excellence. 2. KRT 2: Enable teachers to further enhance their contribution to learning outcomes. In order for the basic education sector to achieve the above listed desired educational outcomes for all Filipinos. political. 4. KRT 3: Increase social support to attainment of desired learning outcomes. Strengthening higher education. EDUCATION NATION. Increasing the education budget to 4 percent of the gross national product to make it at par with other countries. 3. Enhancing basic education by adding two more years to it. 6. and private sector participation. and KRT 5: Change institutional culture of DepED to better support these key reform thrusts. and economic resources and capabilities to support the universal attainment of basic education competencies in Filipino and English. 5. cultural.

8. a professor from the Technology Management Center of the University of the Philippines suggested that the 10-Point Education Agenda be amended to include the following which we support:188 1. Integrating the Commission on Higher Education (CHEd) and the Technical Education and Skills Development Authority (Tesda) into the Department of Education to ensure unity of educational policies. Upgrading the competence of elementary and secondary school teachers by revising their bachelor‘s education and reversing it from one consisting of two-thirds teaching methodology and one-third content to two-thirds content and one-third methodology. etc. Dr. provincial and municipal/ city universities and colleges. classroom facilities.5 percent of GDP to make it comparable to those of Malaysia and Thailand. Maximizing alternative learning. Increasing the length of pre-university education from 10 to 13 years by adding a compulsory kindergarten and a two-year senior high school. and doubling those of faculty at state universities and colleges. Internet access.Democratic Deficits in the Philippines: What is to be Done? 8. 7. Roger Posadas. faculty competence and educational resources. Building transparency and accountability. Ensuring conformity by public and private schools at the basic levels to at least the Thai and Malaysian standards in terms of teacher competence. computers. 10. 3. student-teacher ratios. 2. Trebling the salaries of public school teachers at the basic education level. Adopting a ―National Master Plan for Public Higher Education. 5. world-class national center of 106 . 6. 9. provided they meet certain criteria of qualifications and performance. Upgrading all curricula at all levels and in all major to world-class standards in terms of subject requirements. 9. Upgrading at least one selected university department in every academic discipline into an honest-to-goodness.‖ similar to the California master Plan. in order to establish a rational system of national. Raising the budget for education to at least 20 percent of the national budget and 4. regional. Supporting private education. 4.

These are simply too large. DepED would be wise not to prescribe a single structure for all cases. Instituting entrepreneurship courses in all tertiary degree programs in order to reorient students from an employment focus to an entrepreneurial mind-set. At the same time. To address governance issues in the education system. All 107 .Democratic Deficits in the Philippines: What is to be Done? excellence in terms of research and teaching facilities. 10. doctoral programs. 11. and therefore unmanageable as far as quality results are concerned. Change from “structure before strategy” to “strategy driving structure” The start of governance must be clear outcomes and goals. there should be no extra-large divisions in the country. research productivity. Overhauling the system of commissioning reviewing and publishing textbooks to avoid the printing and distribution of erroneous books. etc. The education system must break away from the current government practice of ―one-size-fits all‖. The practice of a single division staffing pattern prescribed by the Department of Budget and Management should be thrown out. 12. These strategies would differ given different realities as in the following: (1) School divisions  Small divisions (under 50 public elementary and secondary schools)  Medium-size divisions (from 51 to 250 public elementary and secondary schools)  Large divisions (from 251 to 750 public elementary and secondary schools)  Extra-large divisions (over 750 public elementary and secondary schools) The staffing and organizational pattern of school divisions should vary depending on size. Upgrading the training of technicians to world-class standards and developing an educational career path for technicians similar to the German system. As an organization of highly dispersed parts. former DepED Undersecretary Miguel Luis Luz made the following recommendations which we support:189 1. All the indicators show that these are poor performing divisions because Management cannot devote enough time or resources to improve on such situations. Focus on Education for All goals as the means to keeping policy on track despite frequent changes in leadership. unwieldy. DepED has to learn to apply different strategies for different schooling contexts.

Smaller. at the minimum. 108 . it is a recommendation that no high school should have more than 2000 students. This entails a faculty of no more than 63-65 teachers. this would mean around 30 teachers for a maximum size school. To prescribe a single schooling arrangement and even a single curriculum is to assume that all school settings are equal and similar.Democratic Deficits in the Philippines: What is to be Done? extra-large divisions should be split up into two large divisions. a greater role for local school boards and school governing councils. By the same token. At average class sizes of 40. Thus. The Department must be more flexible in allowing for local schools to be differently organized and managed. In terms of school size. A school with a larger teaching complement will have difficulty in terms of management of results given a single principal. more manageable school sizes will result in better performance overall measured in EFA terms. elementary schools should be limited in size to no more than 1200 pupils for the six-grade cycle. where these are ready. (2) Schools Elementary level  Large urban central school  Small urban primary school (incomplete elementary)  Small urban school (complete elementary)  Large rural central school  Small rural primary school (incomplete elementary)  Small rural school (complete elementary)  Multi-grade rural school (complete)  Multi-grade rural school (incomplete)  Madaris school (for Muslim Filipino children)  Alternative learning center (for children not able to attend regular schools) Secondary level  Large urban school  Small urban school  HS annex of a mother school  Large rural school  Small rural school  Science high school  Technical high school There are as many variants as there are community situations.

albeit unknowingly or unwittingly. Other geographic area considerations include: schooling for nomadic or wandering communities and different academic schedules/calendars for farm-based communities. V) Under this proposal. A PRC190 rating could be introduced at two levels:   Principal (for ranks I. As such. Principal positions. Even small schools could be run by master principals. Principal IV rank (the highest in the service) requires large school sizes and a faculty that may run up to 100 teachers. II and III would be subject to a PRC examination that would ensure managerial and pedagogic standards. Entry to the Master principal rank (Principal IV and V) would be through an advanced licensure exam similar to the second-level examinations given by the PRC (as in the case for master engineers). entry into the rank of Principal I. The ―mother tongue‖ policy of DepED should be encouraged and promoted at the lower elementary levels as the way by which children learn the basics. This runs counter to the global experience that smaller schools perform better in all indicators. II and III) Master Principal (for rank IV and a new rank. this DBM rule favors mediocrity. DepED should continue to support this as well as the promotion of local history as a way to keep local children and their parents engaged in formal schooling. movement from ranks I to III would be based on performance and merit. This is particularly important for Muslim Filipino children and those of indigenous people (IP). like teacher positions.Democratic Deficits in the Philippines: What is to be Done? (3) School heads There is need to de-link principal rank from school size. (4) Geographic and sociological considerations Language and culture are important attributes of geographic areas. Madrasah schools for the former and alternative learning centers for the latter should be consciously and progressively pursued by DepED. should be professionally-regulated. This would remove the bias by ambitious principals to aspire for large urban central schools and provide small rural schools with the opportunity for qualified principals. 109 . Principal rank would not be linked to school size. Once recognized as a ―principal‖. Under the current DBM rules.

this is an incentive. a teacher will be an asset rather than a liability in the system.Democratic Deficits in the Philippines: What is to be Done? 2. Safeguards would have to be introduced to ensure that corruption in teacher hiring is not repeated twice as far as the individual teacher is concerned. From budgeting without accountability to outcome-based budgeting A multi-year budget for education will allow for inputs to be matched up against outputs from previous spending. good or bad. For a good teacher. This becomes a long-term system problem. Focus on standards not standard operating procedures Short term leadership and planning horizons tend to focus on the immediate. the Department together with DBM and the Development Budget Coordinating Committee of NEDA can lay out multi-year budget ceilings to guide planning. with security of tenure starting from the date of hiring.e. The Magna Carta for Teachers enacted into law in 1966 provides all teachers. of all government agencies including DepED. standards. both budgetary and performance. With multi-year budgeting. Multi-year budgeting will also allow for DepED to lay out a trajectory towards realizing Education for All targets with a spending plan that is realistic and can be planned and programmed. the system is stuck with that individual for an average of over 30 years. From “security of tenure” to merit-based performance evaluation and rewards Civil service rules provide that a government worker (i. Consistent with the drive for accountability. this can be shifted to outcomes and by extension. this means procedures and inputs as opposed to outputs. however. Focusing on standards will have two effects on governance in DepED: 110 . For a poor or under-performing teacher. For DepED. 4. A simple proposal requiring an amendment of law would be to provide for a oneyear probationary period for newly-hired teachers to determine whether or not they possess the qualities of a good teacher worthy of being retained in the system. a teacher or administrator) has security of tenure once hired. While DepED budgets will continue to be approved annually by Congress. 3. the DBM has a new framework—Organizational Performance Indicators Framework (OPIF)—which lays out the annual targets. But these reforms are necessary if the system is to be assured that once hired.

it will shift the center of gravity from central office to a collaboration between central office and the field (particularly school divisions).Democratic Deficits in the Philippines: What is to be Done? One. there is a need to institutionalize a Mother Tongue-Based Multilingual Education in the basic education sector. supervisors. The long-term and permanent solution to this situation is to take teachers out of election counting. political interest in the hiring of teachers. national or local. the national government must be serious about modernizing the election system through automated voting. teachers will be relieved of having to manually count votes. superintendents and even regional directors should be minimized if not eliminated altogether. The governance structure of the Philippine education system is still a long way from this reality.192 The premise is that more time spent by the student in school with emphasis on effort and hard work will lead to higher educational achievement. principals. if not election duty overall. Once this onerous task is removed from teachers. decisions on schooling and education matters at the local and national levels should be based on policy considerations and community demand and not on politics. 111 . There is a need to fully implement the BESRA. with some amendments. then no change for good will occur. With automated voting. it will downplay the importance of short-term leadership and highlight longer-term outcomes as the focus of attention of the bureaucracy. Two.191 The Adopt-a-School Program of the DepED must be widely promoted among the private sector and focus on feeding programs and financial assistance that will address the problem of poor families not having enough means to send their children to school. The recent pattern of politicians alternating with academicians as secretaries of education reflects this reality. There is also a growing consensus among educators that at least two years of education— one year for basic education and one year for high school—should be added. 5. In order to do this. Focus on policy not politics The Department of Education is a plum political post. Considering the ethnic diversity of the Philippines. Teachers can continue to man the individual election precincts and schools can still be used as polling stations provided their duties end with the closing of precincts and voting. But if stakeholders in the system do not begin to start articulating that such politics undermines the quality of education and schooling in the country. Once eliminated. And this will continue to be the reality for as long as teachers remain in charge of election counting.

Japan has 223 days and South Korea has 225 days as of 2003.193 Malcolm Gladwell. with the lack of public school classrooms in some areas in the Philippines. (See Annex O for Trends in International Mathematics and Science Study [TIMSS] comparison of instructional days in selected countries as of 2003. there is a need to formulate a new official typology of HEIs that may consist of the following: junior or community colleges. However. In the Philippines. Higher Education Institutions (HEIs) must be able to produce work-ready graduates. China has 221 days.195 As to higher education. vocational/technical/trade schools or institutes. 203 to 205 school or instructional days are required per school year which appears to be sufficient when compared to other countries like the United States which has 180 days. there must be a feedback system between and among the curricula of elementary schools. high schools and HEIs so that learning is cumulatively linked and synchronized through the various levels of schooling. although make-up classes are supposedly required for the student to catch up with the lesson plan. However. particularly in the elementary and high school levels. we support the recommendation of several educators and experts that instead of adding more and more state universities and colleges.196 In relation to this. as well as the number of school hours per day. the quality of education in the existing ones should be improved. Another growing consensus among educators is that high schools must be able to produce college-ready graduates. undergraduate universities. and research universities. and Australia which has 196 days. the number of school days per year. and in turn.) 112 .‖ explains ―You have the time to learn everything that needs to be learned—and you have less time to unlearn it. Alternatively. there is a need to regulate the entry of foreign education institutions into the country in order to set standards for higher education. The learning process is further interrupted by typhoons that lead to school day cancellations.197 We hope that all these concerns will be discussed in the agenda of the strengthened Literacy Coordinating Council (See Annex P for complete text of the Act Strengthening the Literacy Coordinating Council or RA 10122.Democratic Deficits in the Philippines: What is to be Done? We also recommend increasing the number of school days per school year and providing the full school hours per school day for each student.) As of 2009. in his book ―Outliers: The Story of Success. Thus. Certain universities and colleges or other knowledge centers outside the universities must be able to specialize in research and development or specific fields of professional endeavor based on inputs from business and industry. Japan reportedly has 243 school days. may be increased. some schools implement 2-3 class shifts per school day which results in decreased number of school hours per day for the student. Industry should be actively involved.‖194 In reality. graduate institutions.

Improve governance of the public school system o Change from ―structure before strategy‖ to ―strategy driving structure‖ o Focus on standards not standard operating procedures o Provide policy continuity o Focus on policy not politics o Break away from current practice of ―one-size-fits-all‖. focusing on feeding programs and financial assistance. prescribing a single structure for all cases o Build transparency and accountability Enhance basic education o Fully implement the Basic Education Sector Reform Agenda (BESRA) with some amendments. including mother tongue-based multi-lingual education in appropriate areas in the Philippines o Promote the Adopt-a-School Program of the DepED among the private sector. regional. in order to address the problem of poor families not being able to send their children to school o Ensure universal school participation and eliminate/ reduce dropouts and repeaters o Add two more years to basic education (one additional year for elementary and one additional year for high school) or alternatively lengthen the number of school days and school hours. thereby shortening summer vacation o Promote academic excellence by developing globally benchmarked standards of excellence Enhance higher education o Adopt a national master plan in order to establish a new typology of HEIs and a rational system of national.Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  Increase budget for education and change existing budget policies o Increase the budget for education to make it at par with other countries (20 percent of the national budget or 4-4.5 percent of the GDP) o From budgeting without accountability to outcome-based budgeting o From annual budgeting to multi-year budgeting. provincial and municipal/city universities and colleges and the regulation of the entry of foreign education institutions o Upgrade one selected university department in every academic discipline into an honest-to-goodness world-class national center of excellence o Integrate entrepreneurship courses in all tertiary degree programs to reorient students from an employment focus to an entrepreneurial mind-set.    113 . allowing for a spending plan that is realistic and can be planned and programmed.

disabled. Though a number of programs have been launched to address health issues and concerns.     114 . (See Annex for a detailed discussion of RP Millennium Development Goals on Health. provided they meet certain criteria of qualifications and performance Increase participation of stakeholders o Develop community ownership of schools o Get parents to be more involved Enhance managerial skills of DepED Administrators and School heads and enable them to address local situations and poor outcomes Synchronize the curricula between and among basic education and higher education sectors in order to produce college-ready and work-ready graduates Halt the designation of additional universities and improve the quality of education in existing and universities and colleges. the Philippines is under pressure to achieve its Millennium Development Goals on Health. Based on current trends. and children.) The arduous effort to achieve these goals is affected by various issues in the health sector presented in this chapter. including specializations B. Health Like any other third-world country. the Philippines continues to struggle with many health issues. women. the poor health outcomes show that there is a need for improvement in the system. and double those of faculty at state universities. health and other social services available to all the people at affordable cost. The State shall endeavor to provide free medical care to paupers. elderly. There shall be priority for the needs of the under-privileged sick. Disparities in Access to and Use of Health Care Section 11 of Article XIII of the 1987 Philippine Constitution states that: The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods.Democratic Deficits in the Philippines: What is to be Done?  Develop quality of teachers o Revise bachelor‘s education reversing it from 2/3 teaching methodology and 1/3 content to 2/3 content and 1/3 methodology o From ―security of tenure‖ to merit-based performance evaluation and rewards o Treble the salaries of public school teachers at the basic education level.

so gross as to constitute a default. led by Dr. reveal that there are significant differences in health status. These gaps are attributed to inequities in access to and use of health care.Democratic Deficits in the Philippines: What is to be Done? Health is a basic human right guaranteed by the constitution. local governments and our national social health insurance program has been so low and so weak that it has driven our health system into a debilitating dependence on out-of-pocket payments by patients. Much of this commercial dominance of our health care system is the result of a failure. former Dean of the UP College of Medicine and former Secretary of Health. Table 8 presents the disparities in health outcomes among groups. for lowest income groups these services are largely inaccessible and unaffordable. and incomplete. Disaggregating health status indicators according to income and geographic location. of public financing for health. Human resources for health are insufficiently educated. Alberto Romualdez. former Chancellor of UP Manila. have put together the ―Blueprint for Universal Health Care 2010-2015 and Beyond. inappropriately trained. At least in part due to this. poorly compensated government health workers are unable to influence behaviors of their high earning private sector counterparts within the change-resistant environments of their respective professional organizations.‖ According to the document.    115 . The Philippines‘ health sector is dominated by commercial interests of a segment of the system that is not really about health outcomes but is primarily about bottom-line profits. Ernesto Domingo. and poorly motivated to address the health care concerns of most Filipinos in the setting in which they live.198 Table 8 Conventional Health Status Indicators Rich Urban Communities versus Poor Rural Communities Rich Urban Communities Over 80 years Less than 10 Less than 15 Poor Rural Communities Under 60 years Over 90 Over 150 Life Expectancy at Birth Infant and Child Mortality Maternal Mortality Ratio A group of professors and experts. however. the disparities in access to and use of health care in the Philippines are the result of the following deficiencies:199  Basic health services as well as tertiary care for the majority of Filipinos are inadequate. The combined weight of the uncoordinated spending for health by the national government. and Dr. As a result. inefficient. fragmented.

more than half of this is accounted for by out-of-pocket spending which is highly regressive for the poor. the share of social health insurance 116 . Protein-Energy Malnutrition (PEM) – A lack of energy and protein which results in growth retardation. The ―Blueprint for Universal Health Care 2010-2015 and Beyond‖ is made up of health reform strategies to address the following issues and challenges that they identified:202 1. nightblindness (inability to see in dim light) eyes sensitive to bright light. this nutrition gain is considered to be at risk unless proper measures are put into place. over-all government spending in health has been decreasing. the richest groups are spending more (average of P 23. deaf-mutism. This has penalized the poorer majority of the population. is already an improvement.815) compared to the poorest (average of P 1. poor growth. Vitamin A Deficiency (VAD) – Lack of vitamin A that may result to xeropthalmia (dryness of the eye). When compared across income groups. In addition. Iodine deficiency Disorders (IDD) – Lack of iodine in the body which results in goiter. who do not have pockets to begin with. 4. low body resistance to disease.Democratic Deficits in the Philippines: What is to be Done? Malnutrition Twenty-five (25) percent of Filipino children under ten years old are underweight or stunted. This translates to 4 million children who are undernourished. with the rising food prices and incidence of poverty in the country. and blindness in severe cases.200 The most common malnutrition problems in the country are:201 1. In real terms. This high figure however. mental retardation. 3. Based on reports in the early 1990s. 30 to 40 percent of the same age group was undernourished. reduced ability to learn and irritability.915). and stunting of the limbs. Iron Deficiency Anemia (IDA) – A deficiency in iron wherein hemoglobin concentration is below the normal level which results in short attention span. owing largely to reductions in national government spending with minimal growth in local government spending. telling signs of nutrition problems. difficulty in standing or walking normally. But. Although total health care spending in the country amounted to close to P 200 B in 2005. Public Spending on Health Public spending on health is so low that it has resulted in an over-dependence on out-of-pocket expenses. rough dry skin and membranes of nose and throat . 2.

For example. 117 . a commercial market philosophy pervades all programs of teaching and training institutions—including the best of government-supported agencies such as the University of the Philippines Manila. and incomplete. as well as geographic disparities in quality and quantity of services.Democratic Deficits in the Philippines: What is to be Done? spending remains at a dismal 11% of total health expenditure more than 14 years after the establishment of PhilHealth. As a result. Human Resources for Health In the Philippines. there is no local pharmaceutical industry that can address the need for affordable medicines for the Filipinos. 2. life-saving goods are either too expensive or absent from the market while items of dubious value dominate trade and commerce. The Philippines‘ health human resource problems are the result of its dysfunctional health workforce structure. the investment climate for developing the industrial production of health products and supplies is uncertain. Health Regulations (including regulation of pharmaceuticals and other health care goods) The system for health regulations has been chronically weak. At the policy level. 60% of Filipinos who die do so without the benefit of health professional attention. 3. It suffers from regulatory capture being primarily driven by the interests of the enterprises trading in health care goods. The output of a workforce production system that is de-linked from the actual needs of the Philippine system are health providers for whom service is a lower priority than personal professional advancement. Organization of Health Services (basic/secondary/tertiary services) Health services at all levels for the majority of Filipinos are inadequate. For many in the lowest income groups these services are also inaccessible and unaffordable. discontinuities between levels of care. nurses and other health workers. inefficient. 4. fragmentation is a main feature of the Philippine health care delivery system from several perspectives: public/private segregation. ineffective and has not been used as an effective policy instrument. Moreover. fragmented. over-specialization. As a result. Pricing and marketing of pharmaceuticals and other health care products have distorted national expenditures on these items in such a way that essential. This fragmented system has to contend with a population that has doubled since the 1980s while total resources allocated for health have not kept pace with this rapid population growth. there is no evident effort to coordinate workforce production with real health needs. a country that produces some of the world‘s best doctors.

hospital operations are cost efficient. Health Governance (national and local responsibilities) The structure of DOH remains the same as it was in the pre-devolution period. The country suffers from lack of leadership and organization.203 (See Annex R for Specific Health Programs of the DOH. to personal health services delivered by both public and private providers. Communities tend to be passive recipients of health services rather than active participants in its determination. 6. Capability-building on basic health information management is direly needed at all levels of the hierarchy. In addition. there are no explicit provisions for community participation. revenues 118 .Democratic Deficits in the Philippines: What is to be Done? 5. it is not optimally used as a resource.Hospital reforms – Provide fiscal and managerial autonomy to government hospitals. 2. but poses greatest strategic value in reforming the health system. The functions of Centers for Health Development and the role of DOH in local health service development remains unclear and unfocused. Most of the existing information programs are not guided by a strategic framework creating disintegrated silos of data. b) increasing access. the Department of Health launched the HSRA program which is a comprehensive set of reforms aimed to improve the health sector through: a) expanding effective coverage of national and local public health programs. Although the Local Government Code provides for the establishment of Local Health Boards. Despite a relatively mature communications network. only a few Local Health Boards actually function as a governing body. In fact.Local health systems development – Promote the development of local health systems where networking among municipal and provincial health facilities are functional and sustained by cooperation and cost sharing among local government units (LGUs) in the catchment area.) It consists of five interrelated health reform areas:204 1. and c) reducing the financial burden on individual families through universal coverage of the National Health Insurance Program (NHIP) . Health Information Health information management in the Philippines is at best rudimentary and ministerial. which involves improving the way hospitals are governed and financed so that quality of care is improved. Health Programs The Health Sector Reform Agenda (HSRA) In 1999. especially by the poor. DOH continues to exercise direct supervision and control of nationalized hospitals whose roles and relationships within the health system are not yet clearly defined.

The following sections are proposals crafted by two groups which are perceived as an answer to almost all major issues in health care in the Philippines which we support. 3. What is to be done? As is true in many political. and of good quality. it is imperative that up-to-date.) It is important that a thorough and comprehensive analysis and study of these existing laws and programs be conducted so as to get a better picture of what really needs to be done. 4. Although there are government agencies that are tasked to put them together. it is crucial to determine whether these laws and programs have produced the desired outcomes. the information that is put out is more often than not outdated. enhance the effectiveness of local public health delivery systems. and provide the NHIP greater leverage to ensure value for money in benefit spending. Before any reform is instituted.Social health insurance reforms – Expand the coverage and enhance the benefit package of NHIP so as to effectively reduce the financial burden to individual families through effective risk pooling. there are already many laws that are in place as well as many programs that have been launched to address them.Public health program reforms – Strengthen the capacity of the DOH to exercise technical leadership in disease prevention and control. devices. Many times. cohesive and complete data be made available. and facilities are safe. and dependence on direct budget subsidies are reduced. and sustain funding for priority public health programs over a period required to remove them as public health threats. 5. More importantly.Democratic Deficits in the Philippines: What is to be Done? are enhanced and retained. Thus.Health regulatory reforms – Strengthen capacities of DOH to exercise its regulatory functions to ensure that health products (particularly pharmaceuticals). as data is scattered. (See Annex S for list of Philippine Laws Governing Health Care. affordable. social and economic issues in the country. prime importance should be given to creating and managing a database that will aid in the crafting of new laws and programs. government programs‘ mandates overlap resulting in the lack of actual figures. The ―Blueprint for Universal Health Care 2010-2015 and Beyond‖ recommends the following to address the issues and challenges they identified that was discussed in a previous section:205 119 .

practice. Quantum increases in tax-based government spending at both national and local levels to a combined level approximately equal to 5% of total government expenditures (at least 75 billion pesos per annum). 120 . 2. This basic package which should address the most critical health needs of the population in terms of disease burden. National government spending to be financed through borrowing (including re-financing of existing debts). Significant increases in the PhilHealth support value for identified services in the basic package. for local government units. mandatory membership to PhilHealth for residents of the Philippines. commission) attached to the Department of Health (initially by executive mandates but eventually through legislation) to unify standards and regulations of the production. b. the development of an initial package of basic health services to be made available to every Filipino given the present resources available to the health system. mandatory increases in the proportion of IRA to be spent for health. i. will be expanded to include increasingly sophisticated services as further resources for health are identified and allocated over time. Implementing this spending and financing plan shall be divided into two phases: securing buy-in the first three years of the new government in 2010 and implementing financing strategies in the latter half of the six-year term. additional tax sources. and ii. Integrate and strengthen health workforce regulatory functions under one body (i.Democratic Deficits in the Philippines: What is to be Done? Health Care Financing Reforms as the key to Universal Health Care Reform approaches (Proposals) 1. and deployment of the various health professions. Human resources for health Reform approaches (proposals) 1. and reallocation from non-social service sectors. This can be financed from the present PhilHealth reserves and increasing premiums collection through: i. Increased benefits of the system should be in place first while measures to increase revenues are being worked out. Financing the health system reforms can be done through multiple funding sources with the goal of significantly reducing out-of-pocket spending especially by those in the poorest income deciles within the next three years. These can be achieved by: a. ii.e. especially among the poor.

) They should provide integrated health services either directly or through a unified and formalized referral system. Strict regulation of marketing and other promotional activities for health products including advertising prohibitions for certain goods. Rationalize the system for health workforce remuneration across the professions to take into account the principles of primary health care. Registration and other regulatory requirements for health goods should be re-designed to ensure not only safety and effectiveness of health products but also affordability especially for government agencies. allowing for greater flexibility and cooperation to include continuing education and trainings for these professions. The Department of Health should have the responsibility for developing and negotiating terms and conditions for installing such a system with the local government units. 2. (See Annex T for complete text of Alma Ata Declaration. Organization of Health Services (basic/secondary/tertiary services) Reform approaches (Proposals) 1. Full implementation of the BFAD Strengthening Law based on the principle that health concerns take precedence over business interests. Further strengthening of other regulatory functions of DOH. Mandate government health workforce teaching and training institutions to tailor production for service to underserved communities either as government (national or local) or civil society professionals 2. efficient and effective. It should define and update the practice of each health profession. including creating an efficiency coordinating mechanism in drug and technology regulation.Democratic Deficits in the Philippines: What is to be Done? a. 2. Health Regulations (including regulation of pharmaceuticals and other health care goods) Reform Strategies (Proposals) 1. The integration and organization of government facilities in accordance with the principles of primary health care based on an updated version of the Alma Ata Declaration. A revisiting of the Local Government Code and its implementation with the view of enabling government facilities to be more integrated. Update and rationalize practice laws of the different health professions premised on health care being a team effort. 3. other government agencies and local governments to promote compliance with the equity and other objectives of health sector reform. 121 .

historical utilization and budget for health services: national. 2. Community participation at all levels of the management cycle should be strengthened: situational analysis. implementation and monitoring and evaluation of health programs. especially in areas with limited access to public hospital facilities. Identify. All information concerning the operations of any component of the health system should be available to all stakeholders. 3. 2. Its envisioned mandate is centered on regulation. This council should also include the private sector. Local health service delivery should be coordinated at the provincial level to ensure more coordinated and responsive local health care system. 122 . This includes requiring health providers and facilities to submit mandated health reports electronically using standard formats as well as developing the capacity to analyze routine data [from mandated reports] for decision making [local/program] 4. provincial and municipal. Health information Reform approaches (Proposals) 1. regional. 3. standards setting and supervision of PhilHealth. The council will be mandated to craft a national eHealth masterplan anchored on the principles of primary health care and designed to maximize the use of information technology for health service delivery.Democratic Deficits in the Philippines: What is to be Done? Health governance (national and local responsibilities) Reform approaches (Proposals) 1. Transparency should be the norm for all institutions involved in health care. policy-making. including the cross-integration between government and private hospital systems to enable sharing of resources. planning. Autonomous and authoritative hospital authority or hospital boards should be established. 5. and guarantee better regulation of hospitals and other health facilities 4. Create a national council to provide leadership on the design and implementation of eHealth strategies in the country. rational acquisition and better utilization of technology. Empower citizens as data generators and as information users. Create a national health data dictionary available for use by stakeholders. This initiative should be led and facilitated by the DOH with the PhilHealth Information Network as its backbone. including burden of disease. The DOH is envisioned as the national institution tasked to ensure the implementation of the reforms leading to universal health care. actual costs of health services. collect and analyze major health data necessary for implementation of Universal Health Care.

Need to link the HSEF211 with the medium term expenditure framework of the rest of the social sector agencies. The paper identified the gaps and weaknesses in health care and gave the following recommendations:206  On Nutrition. Need to strengthen health promotion strategy by o Sin Taxes Implementing Rules and Regulations o Capacitate LGU to behavior change         123 . tetanus toxoid immunization. Better partnerships with civil society and private sector in pursuit to the overall harmonization to ensure full blown implementation of health sector reforms in pursuit of the overall harmonization effort. wholesaling and distribution strategies and retailing strategies.208 Need for policy makers and LGU209 partners commitment toward full provision of HHR210 benefits provided by law (Magna Carta for Health Workers) Need to improve access to public health commodities including but not limited to contraceptives. including the community.Democratic Deficits in the Philippines: What is to be Done? 6. Need to continually address HIV/AIDS – as ‗hidden but growing‘ specifically because zero positivity has increased among IDUs212 and commercial sex workers. Gap of PhP2 billion for field level surveillance for Avian and Human Influenza. During the Philippine Development Forum in 8 March 2005. there is need for a comprehensive multisectoral strategy for child and mother. Stronger research should inform all stakeholders. Need to urgently address limited access to essential public health services including but not limited to family planning. micronutrient supplements and essential drugs by strengthening sourcing strategies. and condom use for the prevention of HIV/AIDS and STD. the Joint Health Sector Sub Working Group prepared a paper that was presented by then DOH Secretary Manuel Dayrit. Strengthen health research through the establishment of the Philippine National Health Research System (PNHRS). Need for immediate approval of the amendment of the IRR of EO 51207.

Proposed support for 70/30 on granting to LGU. o Increase PhilHealth support value for identified services in the basic package. Update and rationalize practice laws of the different health professions premised on health care being a team effort.Democratic Deficits in the Philippines: What is to be Done?    Get PHIC213 commitment to expanding benefit package for the poor and improving payment mechanism from PHIC. and reallocation from non-social service sectors o For local government units. practice. additional tax sources. and deployment of the various health professions.  Integrate and strengthen health workforce regulatory functions under one body to unify standards and regulations of the production. and integrating and organizing government facilities in accordance with the principles of primary health care based on an updated version of the Alma Ata Declaration Review and Strengthen Health Regulations (including regulation of pharmaceuticals and other health care goods) Improve health governance through DOH as lead institution in implementing reforms leading to universal health care. and harnessing community participation at all levels of the management cycle     124 . Organize health services (basic/secondary/tertiary) by revisiting the Local Government Code and its implementation. improving provincial-level coordination of local health service delivery. mandatory increases in the proportion of IRA to be spent for health. Recap of “What is to be done?”  Reduce out-of-pocket spending on health by financing health reforms through multiplefunding sources o National government spending to be financed through borrowing (including refinancing of existing debts). establishing autonomous and authoritative hospital authority or hospital boards. This can be financed from the present PhilHealth reserves and increasing premiums collection. Proposal to commit to the benchmark/measurements.

wholesaling and distribution strategies and retailing strategies Link the Health Sector Expenditure Framework with the medium-term expenditure framework of the rest of the social sector agencies Continually address HIV/AIDS—as ‗hidden but growing‘ specifically because zero positivity has increased among injecting drug users and commercial sex workers Promote partnerships with civil society and private sector to ensure full blown implementation of health sector reforms in pursuit of the overall harmonization effort..)     125 . but implies that the exercise of other human rights indispensably requires basic environmental health". Environment Human Rights and the Environment The issue of environmental degradation. Civil and political rights (e. privacy) are ―first generation‖ rights. institute a comprehensive multi-sectoral strategy for child and mother Increase access to essential public health services including but not limited to family planning. Various classifications of rights exist. liberty. but a classification that has become popular is what is referred to as ―generations‖ of human rights. social and cultural rights (e. while economic. tetanus toxoid immunization.216 (See Annex U for the 1972 Stockholm Convention. work) are ―second generation‖ rights. and condom use for the prevention of HIV/AIDS and STD Improve access to public health commodities including but not limited to contraceptives. equality and adequate conditions of life. in an environment of a quality that permits a life of dignity and well-being…‖215 However. environmental protection and other environmental matters are presently being addressed through human rights. micronutrient supplements and essential drugs by strengthening sourcing strategies. education. Ecological and environmental human rights belong to the third ―generation‖ of human rights. C.. rights to life.214 The 1972 Stockholm Declaration on the Human Environment recognized the link between human rights and environmental protection stating that ―[m]an has the fundamental right to freedom. apparently.Democratic Deficits in the Philippines: What is to be Done?    Manage and organize health information to maximize its value in reforming the health system On nutrition. the Stockholm Declaration "does not actually proclaim a right to the environment.g. and ecological and environmental human rights are ―third generation‖ rights.g. rights to health.

environmental human rights. • development projects and activities undertaken through a process that respects human rights (including rights of participation and inclusion) are invariably environmentally-friendly as well. although such procedures. are usually accompanied by human rights denials and violations as well (e. binding international legal instrument which would elaborate environmental human rights. • development project and activities undertaken through a process that violates rights of participation. The Draft Declaration represents a restatement and codification of principles already contained in national and international legal systems.g. and by facilitating the mobilization of public pressure for the protection and promotion of human rights and the environment. transparency. do not function solely through formal international procedures. The value of the Declaration lies in its use as a reference point for national and international systems and as a vehicle for the development of a formal. create an enabling environment in which human beings can lead secure and creative lives-thus promoting realization of all human rights. by raising awareness of the public.Democratic Deficits in the Philippines: What is to be Done? The creation of new environmental rights is warranted by the following: • development projects and activities which consciously or wantonly degrade the environment.217 In 1994. are indeed important. unsustainable exploitation of the tropical rain forests). are usually accompanied by heavy environmental costs as well (e. like all human rights. national governments and international organizations.218 According to a scholar: The Draft Declaration presents a comprehensive restatement of the essential components of environmental human rights. After all. which are also contained in existing international human rights instruments… The Draft Declaration has the potential to make significant contributions to protecting human rights and the environment by advancing a standard-setting process.. It is the most important prominent international instrument in the standard-setting process for environmental human rights and reflects the progression towards international recognition of a right to environment.g. and their national counterparts. and accountability. a Draft Declaration of Principles on Human Rights and the Environment was produced by a group of experts on human rights and international environmental law which was featured in the report of the Special Rapporteur on Human Rights and the Environment. • development projects and activities which consciously strive to protect and rehabilitate the environment. 126 . certain large-scale dam-building and infrastructure projects). the Draft Declaration can serve as the focal point for the development of institutions and procedure to enhance protection of the rights contained therein. by advancing the process of creation of implementing monitoring and redress mechanisms. But even in the absence of such an international legal instrument.

For instance.221 Experience has shown that conflict. The Draft Declaration consists of a Preamble and some 27 Principles set out in five "parts. environmental human rights cover three broad areas which will be discussed in more detail in relation to the experience of the Philippines: 1. forests. 127 . implementation and enforcement of environmental human rights. Various scholars have found that states with valuable natural resources are four times more likely to experience intra. Right to act to protect the environment 3. results when resource users compete for declining supplies of resources such as forests. and people are a complex life community—all ecologically linked and should therefore be viewed as an integrated whole. Right to a clean and safe environment Scientists today increasingly recognize that crops.and inter-state conflicts than countries that do not have comparable resource assets. Although this instrument is non-binding legally. Right to a clean and safe environment 2. ―The principles set out in the Draft Declaration reflect and build upon the rights found in both national and international law.220 To sum up. to participate in environmental decision-making." According to Stand Up for Your Rights. Widespread dissemination. Resource degradation and over-exploitation is a phenomenon that adversely affects the poor who may be displaced by competition for vital resources such as falling water tables as a result of the action of other water users. The collapse of regional fish stocks may be triggered by the loss of habitat essential to the life cycle of commercial fish species. national courts have used the Draft Declaration as a basis for decisions on environment matters and have found legal support in the Draft Declaration in deciding in favour for the protection of the fundamental right to a healthy environment. water. and to access to environmental justice A discussion of each of these rights in the Philippine context as they are affected by human actions is on order. discussion and action on the Draft Declaration will help promote and protect human rights and the environment through recognition. Right to information. fish and water. cutting forests or clearing new lands for farming in the headwaters of a watershed can have a negative impact on water flow and water quality downstream.Democratic Deficits in the Philippines: What is to be Done? The principles in the Draft Declaration do address the key issues implicated in the interrelationships between human rights and the environment. soils. and that governments often fight wars over national interests such as oil and water. which is often violent.‖219 A scholar‘s annotation of the Declaration is found in Annex V which helps underscore the legal foundations of environmental human rights.

Civil strife (including insurgency. instead it flowed to nearby communities. in turn. In addition. the behavior of elite groups.Democratic Deficits in the Philippines: What is to be Done? especially when the loss of these natural resources threatens the livelihood of communities. where there is a prevalence of storms. Scarcity-induced interstate war over. for instance. there is a need for research-based solutions that reflect a commitment to the avoidance of potential conflicts over the use of resources that will adversely affect the poor and marginalized. and as a result 74 percent of its population is vulnerable. North-South conflicts (i. and Manila Bay weren‘t able to absorb the huge volume of rainfall. for example. these are: 1. environmental scarcity could plausibly produce five general types of violent conflict affecting these countries moving from the most local to the most global type. The Laguna de Bay. and the ability of states to meet these changing demands 4. people‘s livelihoods. water 5. Pasig River. then DENR Secretary Lito Atienza explained that ―The structures on the lake and the water lilies obstructed the free flow of water to the China Sea. banditry. droughts and other natural hazards. conflicts between the developed and developing worlds) over mitigation of. floods. Ethnic clashes arising from population migration and deepened social cleavages due to environmental scarcity 3. According to the Global Facility for Disaster Reduction and Recovery.‖225 128 . at least 60 percent of the total land area of the country is exposed to multiple hazards.224 The massive flooding caused by tropical storm ―Ondoy‖ in Metro Manila in September 2009 is being attributed by the government to climate change with the downpour of a month‘s equivalent of rain in just six hours. volcanic eruptions. Indicators of Environmental Degradation The country‘s supposed natural sources of economic wealth are rapidly being depleted or destroyed due to man-made and natural causes threatening the right of Filipinos to a clean and safe environment. earthquakes. and decreases in fishstocks223 Thus. ozone depletion. and compensation for global environmental problems like global warming. by factory emissions. adaptation to. threats to biodiversity. logging or dam construction 2. Disputes arising directly from local environmental degradation caused.e. The Philippines is considered one of the most disaster-prone countries in the world considering that it lies on the western rim of the pacific and along the circum-pacific seismic belt.222 According to a scholar: During coming decades. and coups d‘état) caused by environmental scarcity that affects economic productivity and. typhoons.

6 Lao PDR 22 2. *as of data generated on April 2009. Philippines 9. China 4. Vanuatu 7. Hong Kong. South Africa 17. Table 10 Total Number of Disasters in Southeast Asia 1990–2009* Country Number Sample % Timor-Leste 2 0.7 Malaysia 52 6.Democratic Deficits in the Philippines: What is to be Done? Based on the World Bank‘s Natural Disaster Hotspot list of countries most exposed to multiple hazards the Philippines ranks 8th with 268 recorded disaster events over the last three decades. embat. Bangladesh 26. Kitts and Nevis 2.be – Université Catholique Louvain – Brussels – Belgium.0 Source: EM-DAT : The OFDA /CRED International Disaster Database www. Japan 19. Costa Rica 8. almost 30 percent of the disasters that occurred in Southeast Asia for the period 1990-2009 (Table 10) occurred in the Philippines indicating that the country is in the ―path‖ of disasters. Macau.6 Philippines 237 29.9 East Timor 19 2. St. Nepal 10.4 Myanmar 21 2. Somalia 16. 129 . China 6. Solomon Islands Source: World Bank 226 Examining comparative country data.2 Singapore 3 0.4 Thailand 89 11.4 Indonesia 223 27.4 Cambodia 15 1.0 Vietnam 124 15.4 Total 807 100. (See Table 9) Table 9 Countries Most Exposed To Natural Hazards From Multiple Hazards 1. Ecuador 15. Guatemala 12.

227 These natural disasters have resulted in high death tolls and extraordinary damage to property and the environment. Agricultural yields in lowland areas are stagnating. 140 of these licenses existed. The accelerated loss of soil has several adverse impacts. between June and November. A 1989 ban on lumber exports was followed by the outlawing in 1991 of logging in virgin forests. disasters serve as a wake up call: The great flood that killed over 4.230 However. In 1992. it reduces soil fertility and crop yields (the loss of one centimetre can lower yields of corn by almost 100 kg per hectare). A journalist observes: 130 . He said that ―The consequence of unabated migration to urban areas is haphazard human settlement. and are concentrated in two forested regions: northern Mindanao and northeastern Luzon. with 21% of agricultural lands and 36% of non-agricultural lands throughout the country assessed as moderately or severely eroded. Twenty‑two volcanoes are active. they also take lives. These natural disasters damage crops and properties. only 21 remained.000 in Ormoc in 1991 woke up many others. Too many people are staying in areas that should not be a place for settlement. While environmental groups lobbied for a commercial ban. like riverbanks. primarily volcanic eruptions and typhoons. Expanding inappropriate fertilizer and pesticide use foster nutrient imbalances and groundwater contamination. In addition.228 An economist has asserted that the country‘s high population growth rate together with weak urban planning. Gradually. Soil erosion has become prevalent: Population pressure is stimulating cultivation of fragile upland areas. causing further soil erosion. Improper land use in the uplands is reducing top soil layers. about 20–30 typhoons hit the country yearly. policy makers imposed a series of restrictions on the timber industry that slowed down the treecutting. Sedimentation in coastal areas due to unsustainable land use in upland areas continues to be a severe threat to coastal eco-systems. For the farmer. and there have been several destructive eruptions in recent times.Democratic Deficits in the Philippines: What is to be Done? The Asian Development Bank notes the Philippines vulnerability to natural disasters: The Philippines is vulnerable to natural disasters. poor disaster-preparedness and weather forecasting systems have made the environment problem worse. increasingly beset by salinization and water logging. timber licenses have been phased out or cancelled. and esteros (urban waterways). degradation of forests. by mid-1997.‖229 Often. there are many other forces at work that have adversely affected Philippine forests. Flooding and landslides have reportedly been aggravated by excessive logging and cultivation of upland areas. bridge waterways.

closed-canopy forest‖ is left while ―a mere three percent is estimated to remain in the lowland regions. this declined to 70 percent. the Visayan wrinkled hornbill. other forces are rushing into the uplands vacuum.233 In 1978. displacing indigenous occupants and introducing harmful farming practices. the Philippine cockatoo. placing it among the top priority hotspots for global conservation. Historically logged for timber products. Amphibian endemism is also unusually high and boosts unique species like the panther flying frog.231 The destruction of the original forests. This includes over 6.232 By the 1900s. but have been caught logging instead.234 According to Conservational International. Tree plantation companies and even avowedly non-profit organizations have gained access to public land with promises of reforestation. only about seven percent of the country‘s ―original. It has been estimated that forest cover in the Philippines in 1575 was almost 92 percent of the country‘s total land area. … The country is one of the few nations that is.237 131 . in its entirety.000 plant species and many birds species such as the Cebu flowerpecker. old-growth. today. Smugglers entice poor residents to cut and deliver rare hardwoods for illegal sawmill operations. and the enormous Philippine eagle.Democratic Deficits in the Philippines: What is to be Done? But as the licensed commercial loggers fade from the scene. forest lands composed about 56 percent (16.‖235 (See Table 11) The Philippines is considered by Conservation International as one of the 34 biodiversity hotspots236 in the world (See also Table 12): Many endemic species are confined to forest fragments that cover only 7 percent of the original extent of the hotspot. The Philippines is also one of the most endangered areas. a rampant practice even in so-called protected areas like the Palanan wilderness. freshwater and marine ecosystems has resulted in an unprecedented biodiversity crisis such that coastal and marine resources are being degraded. both a hotspot and a megadiversity country. About 14 percent of the original vegetation remains as secondary growth in various stages of degradation. the forests are also being cleared for farming needs and for developments to accommodate the nations growing population. Migrant settlers have moved into the uplands in large numbers.93 million hectares) of the total land area of 30 million hectares. these areas would probably be capable of regeneration if they are not disturbed further.

404 18.8 67.1 34. It has been assessed that: As of 2008. and 132 .4 23.8 61.179 20. Water demand nationwide is expected to grow from 43 million cubic meters per year in 2000 to 88 million cubic meters by the year by 2025. Access to clean water is becoming a recurrent seasonal problem in many areas. contamination of water and lack of effective solid waste management continue to be among the urgent concerns in urban centers. Water pollution.8 Source: Conservation International Air pollution. Source: Conservation International238 Table 12 Diversity and Endemism239 (Philippines) Taxonomic Group Plants Mammals Birds Reptiles Amphibians Freshwater Fishes Species 9.Democratic Deficits in the Philippines: What is to be Done? Table 11 Vital Signs (Philippines) Hotspot Original Extent (km 2) Hotspot Vegetation Remaining (km ) Endemic Plant Species Endemic Threatened Birds Endemic Threatened Mammals Endemic Threatened Amphibians Extinct Species† Human Population Density (people/km 2 ) Area Protected (km 2) Area Protected (km ) in Categories IIV* 2 2 297. *Categories I-IV afford higher levels of protection. saltwater intrusion pipe leaks and illegal connections.060 †Recorded extinctions since 1500. wasteful and inefficient use of water.803 6.091 102 186 160 76 67 Percent Endemism 65.091 56 47 48 2 273 32.5 85. roughly 30 million people throughout the country do not have access to potable water through water supply and distribution operations.253 167 535 237 89 281 240 Endemic Species 6.

especially to coral reefs. especially in coastal villages. Large-scale commercial fishers have been pushing a bill through Congress that would legalize the incursion of heavy vessels into municipal waters. According to 2008 figures. where they poach fish that would otherwise go to the local market. As populations have increased.Democratic Deficits in the Philippines: What is to be Done? continued denudation of forest cover particularly in the watersheds are the main strains to water resources. 25% of Philippine watersheds are not performing at optimal levels due to different levels of degradation. Mangroves have continued to suffer from coastal development. dredging. Yet these and other bounties from our seas are threatened by the underwater catastrophe visited on the country‘s coral reefs. The booming trade in live fish in Hong Kong and southern China has led to the widespread use of cyanide to catch food fish alive and has depleted local waters of prime species of reproductive age. and seagrasses. so have their needs for construction materials and living space. Excavation. mangroves. Dynamite and cyanide fishing. With such threats and with growing population. The impact on fisherfolk‘s livelihood has been disastrous. although Philippine waters are said to still contain a wealth of undiscovered benefits. notably at the hands of the aquaculture industry. trawling and other destructive methods have left only five percent of our reefs in excellent condition. A journalist notes how Philippine waters have been subjected to pillage: The story of our seas is no less devastating. In 1996. a move that would further marginalize the country‘s millions of fisherfolk. … In recent years coastal zone development has been particularly damaging to the Philippines‘ marine environment.242 133 . Declining catch has been accompanied by increasingly smaller fish. a Filipino scientist working in the United States reported that the huge array of toxins from about 500 species of Philippine cone snails could hold the key to developing a new generation of anti-pain drugs. it is becoming more difficult to provide basic water supply services. Overfishing worldwide has driven big foreign boats even into the Philippines‘ lightly guarded municipal waters. and coastal conversion to accommodate coastal development have seen corals being extracted for reclamation and construction.241 The ability of the major ecosystems to provide and maintain a regular stream of economic goods and ecological services has been adversely affected due to unregulated utilization resulting in declining stocks and reduced coverage and quality.

the Supreme Court reversed its decision in the La Bugal mining case. Mangroves have continued to suffer from coastal development. Alicia Austria-Martinez. Angelina Sandoval-Gutierrez. and small island ecosystems within the Coral Triangle region through accelerated and collaborative action.‖ The CTI Regional Plan of Action was also adopted ―in an effort to conserve and sustainably manage coastal and marine resources within the CT region while taking into consideration the laws and policies of each country. Carpio. taking into consideration multi-stakeholder participation in all of our six countries. The Philippines is considered a mineral-rich country and the Philippine government‘s policy to ―revitalize the Philippine mining industry‖245 has sparked renewed interest by large mining corporations in ―mineralized areas‖ in the country. mangroves. and sea-grasses. Minita Chico-Nazario and Cancio-Garcia. especially in coastal villages. Excavation. its Implementing Rules and Regulations and the Financial and Technical Assistance Agreement (FTAA) entered into by the government and Western Mining Corporation as constitutional. six Asia-Pacific nations including the Philippines signed the Coral Triangle Initiative (CTI) on Coral Reefs.‖244 On the other hand. 2004. declaring that the Philippine Mining Act of 1995. vast tracts of productive agricultural land have been and continue to be converted to non-agricultural use.Democratic Deficits in the Philippines: What is to be Done? The Philippine coastal and marine environment has become a venue for competition for space: In recent years coastal zone development has been particularly damaging to the Philippines‘ marine environment. 134 . and coastal conversion to accommodate coastal development have seen corals being extracted for reclamation and construction.‖246 The ruling of the Supreme Court of the Philippines on the constitutionality of the Philippine Mining Act is significant. Such uses include the designation of industrial zones and residential subdivisions which have not only decreased the area for agricultural production but have also resulted in the decrease in the number of agricultural workers who have shifted to nonagricultural occupations. coastal. The Justices who dissented are Ynares-Santiago.243 Recently. A non-government organization observes: On December 1. especially the establishment of nickel projects that ―might be particularly active in 2010 as recovering prices of the metal signal good margins for miners. dredging. Morales and Callejo. notably at the hands of the aquaculture industry. The Justices who voted in favor of the reversal are Chief Justice Hilario Davide and Justices Reynato Puno. Fisheries and Food Security ―to address threats to the marine. especially to coral reefs. Leonardo Quisumbing. The Court voted 10 to 4 with one abstention. Azcuna abstained. As populations have increased. Renato Corona. Dante Tinga. so have their needs for construction materials and living space.

environmental groups. They have become involved in the gathering and dissemination of environmental information. policy advocacy and the appraisal of failure or success of policies in the light of avowed public policy objectives. Most significant among their activities.249 One sector that clearly has been affected by environmental issues and also has the potential to become a major actor in the resolution of those environmental issues is the indigenous peoples of the Philippines.Democratic Deficits in the Philippines: What is to be Done? It may be recalled that in its January 27. The December 1 decision caused outrage from different communities.‖248 Right to act to protect the environment Communities and their citizens have become active in protecting the environment with the formation and active involvement of peoples‘ organizations and various local and international non-government organizations (NGOs) in environmental issues. A scholar notes that: …NGOs fulfill an enormously important function in the application and enforcement of international environmental legal standards. the need to preserve bio-cultural diversity and the inevitability of creating a favorable environment for economic opportunities 135 .247 A journalist notes that ―Only the Marcopper disaster in March 1996 and the resulting public outcry have delayed the exploration permits of some of the biggest mining companies in the world. 2004 decision. the communities will not reap part of the speculated potential value of precious metal computed by the mining consultants and industry. endanger the country's rich biodiversity and sources of potable water. indigenous peoples. The stewardship role of indigenous peoples is vital to humankind in the face of the challenge of climate change. The government and the mining industry has not answered to the "minerals curse" argument wherein studies showed that countries relying on natural mineral exports are bottom dwellers in terms of economic growth. now voted to uphold their legality. the Court ruled that some provisions of the Mining Law and the FTAA in question were invalid and unconstitutional." They pointed out that large-scale mining operations strip large areas of vegetation. In a dramatic reversal. is monitoring states‘ compliance with international environmental obligations. In Mindanao. many groups are condemning the decision saying that the Court has allowed "the rape of our land and our natural resources. its implementing rules and regulations and the FTAA of Western Mining Corporation as unconstitutional. With 100% foreign ownership allowed and all the fiscal incentives bestowed on the foreign investor. 5 Justices who voted in favor of declaring the Mining Act. dislocate peoples.

It aims to address needs of the country‘s indigenous peoples with its 110 ethno linguistic groupings that comprise approximately 17 percent of the Philippine population. Another mechanism that aims to safeguard indigenous peoples from illegal and undesired intrusions or incursions by ―outsiders‖ is the Free and Prior Informed Consent (FPIC) mechanism. The total area of approved CADTs and CALTs since 1997 is 4.004. (See Annex W for complete text of Indigenous Peoples Rights Act. the NCIP approved a total of 168 Certificates of Ancestral Domain Titles (CADTs) and Certificates of Ancestral Land Titles (CALTs) covering 3. The 12-year-old Indigenous Peoples Rights Act (IPRA) of 1997250 which mandates the protection of the rights of indigenous peoples in the Philippines is said to be the only ―one of its kind‖ in Southeast Asia. that several mining companies implemented projects in some ancestral land areas before the passage of the IPRA and the FPIC mechanism was not in place at the time.210. Under the FPIC mechanism. The life of the tribe depends on the ancestral land. Furthermore.) IPRA guarantees the right of indigenous peoples to their ancestral lands through the exercise of priority rights. In addition. There are still 95 CADTs in the pipeline covering 1. Of particular significance are the CADTs issued to Clark. It should be noted.9 hectares. 2010. Subic.252 136 .251 The NCIP has prioritized the delineation and titling of ancestral domains because the indigenous peoples‘ struggle revolves around the right to ancestral domains. a community can only get around 1 percent to 5 percent of revenue share which is not sustainable for the community. by exercising their priority rights.205.762.810. According to the NCIP.7 hectares which is more than double the output of the previous 10 years from 1997 to 2007 which covered 1. self-governance and empowerment. however. According to the NCIP.764. However.827.Democratic Deficits in the Philippines: What is to be Done? where indigenous peoples are considered to be the core movers of development in their own ancestral domains and lands.9 hectares. to protect the rights of indigenous peoples to their ancestral domains.585.758. all large-scale mining companies are located within ancestral lands. there are about 513 CALTs in the pipeline approximately covering a total of 12.27 hectares. For the years 2008. indigenous cultural communities (ICCs) retain their right over the utilization of their natural resources. and social justice and human rights. Calauit and Diwalwal where the NCIP has been able to secure a decent share of the revenues for the ICCs concerned. The Act commits the Philippines inter alia. there has been a thrust within the National Commission on Indigenous Peoples (NCIP) to push for the exercise of priority rights rather than the FPIC mechanism because the FPIC mechanism is now being regarded as a subversion of the right to selfdetermination. their culture. an outside entity can dictate the manner of utilization of natural resources within the ancestral domain for 25 years. 2009 and 2010 as of January 31.16 hectares.

253 The Asian Development Bank has noted how it has been difficult for the Philippines to fulfill its commitments under the UNFCCC: Many factors make it difficult for the Philippines to fulfill its UNFCCC commitments. to participate in environmental decision-making. Coastal areas. illustrates the impact of climate change: …climate change will have wide-ranging effects on the environment. in some megadeltas. especially heavily populated megadelta regions in South. Melting of glaciers can cause flooding and soil erosion. the availability. particularly in large river basins. Rising temperatures will cause shifts in crop growing seasons which affects food security and changes in the distribution of disease vectors/carrier putting more people at risk from diseases such as malaria and dengue fever. and on socio-economic and related sectors. South. are still major concerns.Democratic Deficits in the Philippines: What is to be Done? Right to information. reliability. flooding from the rivers.254 The Intergovernmental Panel on Climate Change (IPCC) predicts the impact on Asia of future climate changes:   By the 2050s.  137 . and to access to environmental justice Climate change is an area where the right to information. access to justice and to participate in environmental decision-making becomes highly significant.g. agriculture and food security. use of renewable resources in power production). Secretariat. East and South-East Asia. coupled with institutionalization and links among government agencies involved in the inventory. The report of the United Nations Framework Convention on Climate Change (UNFCCC). including water resources. is projected to decrease. industrialisation and economic development. Climate change is projected to compound the pressures on natural resources and the environment associated with rapid urbanisation. Another important issue is the affordability and availability of GHG mitigation technologies (e. human health. terrestrial ecosystems and biodiversity and coastal zones. The country needs help in overcoming market barriers to the widespread use of renewable resources. East and South-East Asia. and variability of activity data and local emission factors. freshwater availability in Central.. will be at greatest risk due to increased flooding from the sea and. Changes in rainfall pattern are likely to lead to severe water shortages and/or flooding. In the national inventory of GHG emissions.

Samar. According to the report.257 Climate change is expected aggravate socio-economic burdens such as hunger and water scarcity which could further increase the already huge disparity in the living standards between the rich and the poor.4° Celsius by 2080.):  Identification and characterization of all airsheds in the country and establishment of multi-sectoral AQM Boards260 for each airshed 138 . Sea water would cover at least 703 of 1. Masbate. Increasing temperatures are already causing irregular monsoons and may also be responsible for the higher recurrence of extreme weather events such as ―super typhoons. Zamboanga Sibugay. Bohol.256 The international environmental group Greenpeace described the Philippines in one of its studies as a ―climate hotspot‖ where 15 of the 16 regions. particularly 64 out of 81 provinces. Basilan. Tawi-Tawi. Cebu. Samar. Negros Occidental. Catanduanes. the European Commission reports that: The Philippines is particularly vulnerable to the impacts of climate change. Vulnerability is greatest among the poor. Zamboanga del Norte.‖ According to the studies available. Camarines Sur. Camarines Norte. Davao del Norte. Several initiatives have been undertaken by the Philippine government to boost efforts to mitigate the anticipated effects of climate change. Leyte). the temperature increase in the Philippines could be as much as 2. Zamboanga del Sur. Capiz. environmental degradation may affect accessibility to resources which could be a potential source of conflict among communities or groups competing for the use of resources.610 towns and inundate almost 700 million square meters of land across the country by 2095-2100. Droughts will make the western side of the country drier (including the Metro Manila area).255 In its. South and South-East Asia due to projected changes in the hydrological cycle. Rising sea levels are also of course a matter of grave concern. Scientists have warned that the Philippines could experience famine by 2020. In compliance with its commitments to the Kyoto Protocol. Quezon. Palawan. while more rain will inundate the eastern side of the country (Quezon.Democratic Deficits in the Philippines: What is to be Done?  Endemic morbidity and mortality due to diarrheal disease primarily associated with floods and droughts are expected to rise in East.258 It is also listed among the 46 countries with high risk of violent conflict as a consequence of climate change. the top 20 provinces in the country which are vulnerable to a one-meter rise in sea level are the following: Sulu. June 2009 Update on the Philippines. of the Philippines are vulnerable to a one meter rise in sea level. under a global ―business-as-usual‖ scenario for CO2 emissions.259 As mentioned earlier. the Clean Air Act became law in June 1999 with the following key features (See Annex X for complete text of the Kyoto Protocol and Annex Y for complete text of the Clean Air Act. Northern Samar. and Maguindanao.

agriculture. cleaner fuels261   On January 17. created the Climate Change Commission chaired by the President of the Republic of the Philippines. 139 . in partnership with non-government organizations. which contains the task force‘s ―preliminary substantive program elements. 2008 to mitigate the problem of global climate change through the promotion of renewable forms of energy and make the Philippines 60 percent energy self-sufficient by 2010.264 The Renewable Energy Act of 2008 was signed on December 16. the PTFCC came up with the Philippine Climate Change Response Action Plan (PCCRAP). 9637). The Department of Energy is also implementing a project on renewable energy at the—Capacity Building to Remove Barriers to Renewable Energy Development (CBRED)—jointly with the UN Development Program (UNDP) and Global Environment Facility (GEF). processing and vehicle-testing. which provided for the mandatory use of biofuels and incentives for such use believed to help lessen emission of greenhouse gases (GHGs) that greatly contributes to global warming. and a fund to be earmarked for air quality management activities Imposition of air quality management charges Improvement in quality of gasoline and diesel and promotion of alternative. (See Annex Z for complete text of the Biofuels Act. this target has been affected by issues related to financing and supply of products and equipment harnessing renewable energy. coastal areas. especially on the most vulnerable sectors or areas such as water. terrestrial and marine ecosystems.) In February 2007. President Arroyo issued Administrative Order 171 creating a Presidential Task Force on Climate Change (PTFCC) mandated to conduct rapid assessment on the impact of climate change in the Philippine setting. President Arroyo signed into law the Biofuels Act of 2006 (Republic Act No. Adaptation and Communication. The PTFCC is also mandated to ensure strict compliance with air emission standards and combat deforestation and environmental degradation. However. (See Annex ZA for complete text of the Climate Change Act of 2009) There are also several science and technology (S&T) mitigation measures being pursued by the Department of Science and Technology (DOST) including Research and Development on biofuel that involves feedstocks. 262 In October 2008. 2007.‖263 Department of Environment and Natural Resources (DENR) Special Order 2007653 was subsequently issued creating the Advisory Council on Climate Change Mitigation. passed by Congress in September 2009.Democratic Deficits in the Philippines: What is to be Done?  Development of a national air quality management framework.265 The Climate Change Act of 2009.

the Philippines is moving toward a more environmentally-responsive judiciary. They initially sought injunctive relief from the lower court against the issuance of timber license agreements by the Secretary of the Department of Environment and Natural Resources covering more areas for logging than what was available. July 30. on legal standing and establishment of a cause of action. on the legal standing of minors to sue in an environmental case. 1993 (224 SCRA 792). Together with the planned capacity building of judges within these benches. the Philippine Supreme Court promulgated a decision in the test case of Oposa v. This decision led to increasing calls to strengthen environmental adjudication in the Philippines.‖ It did not have difficulty in concluding that the petitioner minors had standing to sue even on behalf of succeeding generations based on the concept of intergenerational responsibility. however. in recent years. Prescription for filing of environmental actions in court may require special rules. undertaken a series of initiatives to establish so-called ―green benches‖ or courts that would handle environmental cases/disputes in the country: Together with development partners and input from stakeholders. Section 16 of the 1987 Philippine Constitution. Some sanctions and penalties are not significant enough to deter 140 .266 The Philippine judiciary has. 101083. ―the right to a balanced and healthful ecology…belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation – the advancement of which may even be said to predate all governments and constitutions.267 Experts recognize this as both a milestone and fraught with challenges: Judges. the Supreme Court designated 117 municipal and regional trial courts across the country as environmental courts. a more liberalized framework could reinforce judicial interpretation.Democratic Deficits in the Philippines: What is to be Done? The right to access to environmental justice has taken on an interesting direction in the Philippines: In 1993. The Court. continue to face challenges in adjudicating environmental cases. the Philippine Supreme Court considered options and defined strategies to address the challenges of environmental adjudication. The children asserted their right to a balanced and healthful ecology under Article 2. promoting improved environmental compliance and enforcement in the country and within the region. In January 2008. including promoting environmental advocacy before judicial and quasi-judicial bodies. For example. No. Factoran. in an unprecedented ruling.R. Appreciation of highly technical and scientific evidence presented by experts is still limited and requires training and orientation on the part of judges. declared that.. Jr. G.

Concerned Citizens of Manila Bay which was ―a ponencia of Mr. Indeed. That Decision has earned the plaudits of environmentalists the world over. We have converted all our trial courts into environmental courts to stop our environmental degradation. my third and last year in office. including the imposition of sanctions.269 He also considers as one of the landmark decisions of the High Court the case on MMDA vs. Justice Presbitero Velasco where we ordered government to clean and maintain Manila Bay and to immediately act on its duties and obligation. experts agree that the greatest threat to human existence today is not terrorism.): In 2009. which can be filed by any natural or juridical person whose right to a balanced and healthful ecology has been violated or threatened with violation. Finally. blue and brown environment issues confronting the country. social and environmental development goals is already well laid out in Philippine Agenda 21. A Filipino economist underscores its importance: The strategy and corresponding action agenda for reconciling the country‘s economic. creative approaches to the handling or disposition of evidence. we came out with new writs to protect our environment — the Writ of Kalikasan and the Writ of Continuing Mandamus. For maximum efficiency and 141 . initiatives and mechanisms are in place for addressing the various green. What is to be done? We recommend that the environmental development goals contained in Philippine Agenda 21 be pursued. and the numerous environmental laws in place need to be fully understood to promote consistency in rendering judgments. I asked our regional trial court judges to backstop the High Court.‖270 The pronouncement of the Supreme Court of the Philippines to establish so-called Green Courts has received mixed reactions from various quarters but nevertheless underscores the importance of providing access by communities and citizens to environmental justice. many legal jurisdictions are now studying our Writ of Kalikasan for adoption in their soil. This time. which has been described as the most widely-consulted planning document the country has had so far. we wielded the writ of continuing mandamus to protect the environmental rights of our people. could provide judges with new insights. For the record.268 Retired Chief Justice Reynato Puno considers new writs to protect the environment as some of the major accomplishments of the High Court under his leadership (See Annex ZB for Rules of Procedure for Environmental Cases.Democratic Deficits in the Philippines: What is to be Done? violators. Here for the first time. I called for a summit to address the need to protect the right of our people to a balanced and healthy environment. the Philippines is the only country in the whole world with this kind of remedial writ to protect the environment. after the Summit. Concrete programs. but environmental degradation. Again.

given the multi-dimensional. is to scale up and scale out such tested mechanisms that work well. Community-based approaches have already demonstrated positive track records. Within government. In particular. and Local Development Councils need to be made to function actively and spearhead concrete initiatives to operationalize sustainable development at the national. achievement of win-win outcomes for the economy and the environment will remain a distant dream. Mechanisms based on multi-stakeholder partnerships have likewise proven effective when allowed to function fully and freely.‖272 Need to Build Sustainable Communities We recommend the adoption and implementation of a comprehensive waste management system for each town and city. and to strengthen them with the necessary policy and resource support. Until the current persistent governance weaknesses in the Philippines are overcome. Encourage sharing of knowledge and experiences on the elements of a sustainable city including technologies and changes in production and  142 . which was created to coordinate the formulation of Philippine Agenda 21. local and community levels.Democratic Deficits in the Philippines: What is to be Done? effectiveness. The way forward.271 The Philippine Council for Sustainable Development. Good governance is the critical underlay that provides the vital foundation for all efforts to achieve sustainable development for the country. is working on an ―enhanced Philippine Agenda 21. the imperative is for close teamwork and coordination. legal failures and coordination failures are transformed from current realities into things of the past. and law enforcement failures. then. Republic Act 9003 or The Ecological Solid Waste Management Act must be implemented up to the barangay level. immediately. particularly in the sustainable management of forest and coastal resources. bodies like the Inter-Agency Committee on Climate Change.) The APEC has also advanced the following proposals for building sustainable cities which we recommend should be pursued in engaging with other countries for the long-term:273 On Sustainable Cities  Strengthen capacity building to facilitate the exchange of scientific and technical knowledge on sustainable cities by designating appropriate organizations in APEC economies to serve as contact and coordination centers. there is need to focus on approaches that promise greatest success. Local Solid Waste Management Boards. inter-disciplinary and multi-sectoral nature of sustainable development challenges. Thus. (See Annex ZC for complete text of the Ecological Solid Waste Management Act.

Immediately and in the short-term. building on ongoing activities in APEC and promoting dialogue among public and private sectors and with non-government organizations as appropriate. non-government organizations and institutions and maximize public-private partnerships to leverage additional resources and capabilities and capitalize on opportunities. planting of new grasses or brushes in existing two-to-three meter wide firebreaks or buffer fire lines inside tree plantations.  Enhance information exchange on policies. creeks and rivers. small-scale mining should be rationalized such that the areas that may be exclusively reserved for small-scale miners can be identified. defensive measures in dealing with forest fires should be undertaken such as the following: monitoring kaingin activities and unauthorized bush burning in pasture land by cattle raisers. The Ministers also agreed to further develop their own mechanisms for communications with the private sector. inventory of stocked emergency supplies needed for fire control operations such as first-aid kits and non-perishable food supplies.  For rural areas. and installation of signboards in fire-prone forested areas warning people about forest fires. Other measures include preparation of fire control maps and activation of fire protection communication systems. The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention on Climate Change which sets binding targets 143 . indicators and standards. we present the following recommendations:   In the medium-term. inventory of all fire fighting tools. and promote community level experiment model project with an aim to create eco-cycle communities.274  Immediately conduct scientific and medical investigations into the impacts and effects of aerial spraying which is used in the banana industry to protect crops against pests and increase productivity in order to determine adverse effects on human health and the natural environment. supportive of the Kyoto Protocol.Democratic Deficits in the Philippines: What is to be Done? consumption patterns. construction of water impounding structures to trap and store water from rainfalls. and regular holding of forest fire drills with forest-based communities. Need for Clean Technology Clean technology can be pursued through the following recommendations in the mediumterm:  The provisions of the Clean Air Act. should be strictly implemented. if any.

and use. including its design.Democratic Deficits in the Philippines: What is to be Done? for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions at an average of five per cent against 1990 levels over the fiveyear period 2008-2012." to be led by the Human Resources Development Working Group Improving APEC member economies' access to expert input and facilitating the exchange of expertise related to the implementation of cleaner production methods    144 . a new international framework needs to have been negotiated and ratified that can deliver the stringent emission reductions prescribe by the Intergovernmental Panel on Climate Change (IPCC). providing the tools needed to help achieve cleaner production goals Conducting cleaner production training through the "APEC Sustainable Development Training and Information Network. By the end of the first commitment period of the Kyoto Protocol in 2012.275  Promotion of green chemistry through incentive systems. seminars and demonstration projects on cleaner production Sharing information on clean technologies and cleaner production policies through electronic means (e. Green chemistry.276 The APEC has also advanced the following proposals for promoting clean technology which may be carried out immediately:277     Formulation of specific strategies for industrial and agricultural sectors that promote dissemination of clean technologies and experiences Mobilization of public-private partnerships in major industry sectors to promote cleaner production Sponsoring of government-industry workshops.g. also known as sustainable chemistry. Japan's Virtual Center for Environmental Technology Exchange and the APEC Centre for Technology Exchange and Training for Small and Medium Enterprises [ACTETSME]) Strengthening of government capabilities through capacity building at both the national and local level. is the design of chemical products and processes that reduce or eliminate the use or generation of hazardous substances. manufacture. Green chemistry applies across the life cycle of a chemical product.

particularly those related to food security and reforestation. As equal partners of development.278 and priority development programs and projects. Thus. there is a need to ensure that programs for IPs are grounded on the rights-based approach. thus leading to the general public‘s greater acceptance of bio-cultural diversity in the country. including the right to develop their own Ancestral Domain Sustainable Development and Protection Plans or ADSDPPs as the blueprint of the IP community for their preferred development agenda. We believe that the FPIC should be used only for projects which do not require the utilization of natural resources such as housing projects and the establishment of military installations.Democratic Deficits in the Philippines: What is to be Done?  Promoting ISO 14000. which involves voluntary actions by industry to establish environmental management systems and committing to continuous improvements in environmental performance Focusing on the special needs of the small. there can only be true empowerment if the IP communities have full control over the resources that they actually own. In the medium-term. Immediately promote the exercise of priority rights as provided by the IPRA.and medium-sized enterprises (SMEs) Promoting cleaner production technologies that help minimize or eliminate greenhouse gas emissions. future generations of IPs will still be able to make their own decisions in the utilization of those natural resources. IP communities will be able to reap more economic fruits through a just share of revenues from the commercial exploitation of their natural resources. The exercise of priority rights will ensure respect for the environment and more importantly.279   145 .‖ Such activities include mandatory representation in local and national policy making bodies.   Need to Protect the Rights of Indigenous Peoples We recommend the following measures to be implemented immediately in ensuring the integrity and capability of ancestral lands that serve as ―environmental havens‖ and ―carbon sinks:‖  Various activities may be carried out immediately to facilitate the assimilation of the indigenous peoples‘ struggle into the minds of men and women in the present generation and for generations to come by promoting a better understanding and appreciation of the indigenous peoples‘ ―ways. and in the utilization of their own natural resources in their ancestral lands and domains.

There is a need to immediately enhance coordination and cooperation of concerned government agencies such as the NCIP. In the long-term.g.     Need for Access to Environmental Justice In the long-term. Second is the reduction of overall environmental damage. there is a need to establish a civil and criminal liability framework that will serve as a deterrent to and facilitate claims for environmental damage. Department of Social Welfare and Development. the government must be able to complete the geo-hazard mapping of all regions in the country. as well as the adoption of other mitigating actions in addressing the negative impacts of climate change. such as those resulting from mining activities. in supporting the various projects contained therein.. and the implementation of soil stability measures (e. There is a need for the NCIP to liaise with the various Local Chief Executives and legislative bodies in the country‘s political units so that the community-formulated ADSDPPs may become an integral part of the respective development masterplans of local government units. First is the fair distribution of rights and responsibilities among communities. the government must create compensation mechanisms for indigenous communities that have contributed to environmental protection. and the enhancement of natural vistas. the government must facilitate the funding for and to actualize the various ADSDPPs by coordinating with potential donors and local government units. and other concerned government agencies through the harmonization of conflicting laws on the delineation and titling of ancestral lands. In the long-term. DENR. the government and civil society must work closely with various IP communities through their leaders in strengthening the IPs management over carbon sinks in their respective ancestral domains. reforestation and planting in river banks and sloping areas) for landslide-vulnerable areas. In the medium-term. This is to ensure that the livelihood and well-being of the IPs are not adversely affected.Democratic Deficits in the Philippines: What is to be Done?  In the short-term. 146 . Need for Climate Adaptation and Disaster Mitigation Measures In the medium-term. biodiversity conservation. and the management of resources within ancestral domains/lands. This is in support of the advocacy for environmental justice recently adopted by the Supreme Court which embraces two key objectives.280 The new writs to protect the environment formulated by the Supreme Court mentioned earlier constitute a significant step in this direction. the operations of mining and logging groups in areas near or within that of the IPs must be monitored in order to address the environmental issues brought about by these operations.

emergency response and many other applications. In general. project design. NDCC. Reflecting this. This GIS database would have many benefits beyond natural hazards. there are inadequate reliable data on the type and amount of Philippine economic activity at risk from natural hazards. Risk analyses should be developed for high hazard areas. insurance. The data and mapping system could form the backbone for the national emergency response plan. using the GIS database. and would greatly benefit from integrating lessons learned in the country around the globe over the past decades. and could be integrated into a national economic development plan. and coordinated into a common format. etc) should be generated for the entire Philippines.Democratic Deficits in the Philippines: What is to be Done? A recommendation contained in a study undertaken by the World Bank and the National Disaster Coordinating Center of the Philippines should be pursued: In the Philippines. evacuation. and would serve during emergency periods as a database for needs assessment and data collection. there is a failure to recognize natural hazards as a potential obstacle to long-term sustainable development. The data so collected would then be in a consistent uniform format. geologic hazards. etc. which would then form the basis for a comprehensive understanding of the impacts of natural hazards on the nation. NAMRIA.281     In the medium-term. An integrated national natural hazards data and mapping system needs to be designed and implemented. there is a widespread emphasis on postdisaster relief and short-term preparedness (forecasting. PHIVOLCS and others are all implementing limited GIS databases. so as to begin the building of this integrated national natural hazards GIS database. earthquake faults and shaking. using the integrated GIS database.) rather 147 . A study has noted that: The disaster management system in the Philippines is based on an outdated decree (dating back more than 20 years). in consultation with civil society and communities. Consistent modern maps of natural hazards zones (flood. A fundamental obstacle is the absence of accurate hazard and vulnerability maps. volcanic hazards. for use in improving hazard maps and risk analyses. Their efforts should be encouraged. Loss estimates would prove useful to decision-makers and the public. must be able to craft a National Adaptation Plan for Climate Change and pass a comprehensive disaster management law. These maps would be very beneficial for land-use zoning. the government. for use in natural hazards data collection and mapping. This would consist of the following:  Design of an integrated GIS database for the Philippines. Currently.

by requiring that the LGUs submit a comprehensive risk management plan for the proposed investments.Democratic Deficits in the Philippines: What is to be Done? than mitigation or post-disaster support for economic recovery. and actions that would need to be implemented to reduce risk. determine the appropriate level at which the contingent facility could be developed: Federal Government. However.  148 . in the constantly hard hit area of infrastructure. the LGUs could be rewarded with additional funding to improve their overall disaster management capacity. LGU level and/or PCIP. could also be used by IFI‘s284 when financing LGU-led infrastructure development. and/or contingent credit facilities:283 Development of Fiscal Incentives for Proactive Risk Management at the LGU Level:  to implement proactive disaster management. funding gap. the government together with the private business sector must explore more effective options for financing disaster risk and relieving the burden of disasters from the public sector. Given the frequency of disasters in the Philippines.   Explore the potential for a PCIP:285  carry out a study to assess why the area of insurance remains under-developed in the Philippines as well try to determine its potential for increase. To develop a contingent facility requires that there is sufficient understanding of risk and agreement on the criteria that would trigger withdrawal. that encourage LGUs to include mitigation and prevention activities in their development plans. which. including the idea of a catastrophe insurance pool. thereby balancing out the present strong rehabilitation and reconstruction emphasis. institutional design. Based on the achievement of agreed output indicators. and regulatory framework for the operations of the PCIP. this will require a more careful analysis of the appropriateness of the present funding system. To do this.286 GSIS…and the Office of Insurance Supervisor to develop a workable proposal for a business plan. it is important that the Government explore the use of a contingent credit facility to fund post and pre-event activities. this type of incentive must be accompanied by government policy action to cause it to be implemented. such as livelihood regeneration or tax breaks to affected businesses. it would be most effective to create a technical working group including representatives of PIRA. for example. Explore Contingent Credit Facilities:  to allow the rapid mobilization of funding after a disaster to assess damage. However. rehabilitate and reconstruct.282 In the long-term.

there is a need to integrate Disaster Risk Reduction concepts in the curricula of both public and private schools: The Department of Education (DepED) is working on including DRR in elementary and secondary curricula. While information on impending disasters and in dealing with disasters is available. these campaigns are not systematic and coordinated. private and civic organizations and government agencies at both the national and local levels undertake public awareness and information campaigns on disaster risks in many vulnerable areas. biomass. However. facilities in the evacuation centers.500 hours of power annually at 5 kilowatt hours per square meter per day. At present. and mini-hydro energy.000-megawatt wind. Disaster 149 . undertook a project to develop DRM modules for integration into the secondary school curriculum. NDCC and DepED. risks and adopting safeguards on disasters. The module includes information on disaster preparedness. education in DRR is still limited in scope and education materials are still inadequate. There are also instances when vulnerable communities that had been already advised to evacuate refused to move out due to inadequate transportation.do not have access to computers and internet connection. It also has a solar energy potential of 1. there are uncertainties about the disposal of nuclear waste and the high cost of maintaining nuclear power plants. NGOs.288 Information campaigns on disaster risk management must be made systematic and well coordinated immediately in all locational areas concerned.287 While there are proposals to achieve energy self-sufficiency through nuclear energy. There is no countrywide public awareness program on DRR. The teachers are also educated in DRR by including the concepts in Teacher‘s Education Curriculum. prevention and mitigation of hazards and risks of natural events to vulnerable communities and areas. Their scope. however. The media thru television and radio broadcasting has helped in disseminating information on different types of disasters. and availability of food and medicines. often it is not widely or properly disseminated: While much of this information is available online in the NDCC members‘ websites. the government and the private sector and civil society must together pursue the promotion and undertake the widespread use of renewable energy and promote energy efficiency to cut carbon dioxide emission. does not fully cover all disaster-prone areas. oftentimes. and cannot access this information.Democratic Deficits in the Philippines: What is to be Done? For the long-term. in partnership with ADPC. The Philippines has an estimated total potential of nearly 80.289 In the long-term. many people and communities – especially in the rural areas .

292 In relation to natural and man-made disasters. and in some cases zoning regulations are poorly enforced and/or blatantly violated by some building and housing developers. d. The changes to the landscape caused by the floods and landslides need to be mapped and understood to prevent future flooding and landslide impacts. there is a need to strongly enforce some laws and policies for disaster risk reduction: Poor enforcement of easement zone regulations contributed to the burgeoning of informal settlers along riverbanks and near coastlines. Employment needs to be increased in the near term to limit the survivors‘ need to extract additional resources from the environment to meet reconstruction and recovery needs. 150 . appropriate building codes and standards are set aside to reduce construction costs. Poor regulation in the construction of buildings and other physical establishments in disaster-prone areas contribute to the risks in these communities. a Joint Memorandum Circular issued by the Department of Budget and Management (DBM) and the Department of Interior and Local Government (DILG) permits the use of the LCF for disaster preparedness and other predisaster activities. However.Democratic Deficits in the Philippines: What is to be Done? awareness has formed part of the learning core competencies under the Science and Social studies subjects in public elementary and high schools. many local officials find this instruction unclear because it is perceive to focus only on man-made disasters. LGUs are not obligated to submit reports on the utilization of the calamity funds to NDCC or DBM. the following findings from a study of the Benfield Research Center are worth considering:293 a. In some cities and municipalities. Private schools. The LCF is five percent of their estimated revenues from regular sources as. The location-specific reasons why the landslides and flooding occurred need to be understood to guide recovery and prevent similar disasters in the future. a system for evaluating the utilization and impact of the Local Calamity Fund (LCF) of local government units should be established.290 In the short-term.291 In the short-term. b. hence it is difficult to evaluate how efficiently the funds are used. c. however. Affected slopes need to be stabilized to prevent further landslides and debris flows. Many structures do not fully comply with the safeguards required under their Environmental Compliance Certificates (ECCs) and building codes. are not required to include these in their curriculum. Moreover. which can only be used upon declaration of a ―state of calamity‖ by the local legislative body: In 2003.

) We also hope that the Climate Change Commission will discuss the relevant points raised in this section. The waste being generated by the clean-up process needs to be disposed of safely. defensive measures in dealing with forest fires. Similar support is needed in the fishing sector. and the impacts and effects of aerial spraying. i. Strictly implement the provisions of the Clean Air Act. compost) and be used to support the recovery process. h. Prioritize the following concerns in the rural areas: areas that may be reserved for smallscale mining. Efforts need to consider immediate needs as well as proactively reduce the current and expected threat of flooding. Promote ―green chemistry‖ and other clean technologies through incentive systems. The ―Philippine Disaster Risk Reduction and Management Act of 2010‖ must be improved considering the various points raised in this chapter. Traditional and modern Filipino experience and lessons from outside the country need to be incorporated into reducing the likelihood of damage to shelter in the future.g. f.   151 . Shelter is a priority. landslides and typhoons. lumber. Farmers need support to rehabilitate fields. as well as alternate crops to cultivate until rice and normal vegetable production can be restored. Recap of “What is to be done?”     Pursue the environmental development goals contained in Philippine Agenda 21. (See Annex ZD for complete text of the Disaster Risk Reduction and Management Act. Community-based warning systems need to be established as a priority to reassure at-risk disaster affected populations and minimize similar disasters in the future. Implement Republic Act 9003 or The Ecological Solid Waste Management Act up to the barangay level.. Facilitate exchange of knowledge and experiences with APEC economies in order to build sustainable cities. The trees and other biomass brought down by the floods and landslides need to be transformed into useable assets (e. g.Democratic Deficits in the Philippines: What is to be Done? e.

295 In 1995. Population Status of the Philippine Population According to the National Statistics Office294 (NSO). the total population of the Philippines as of August 1. and/or contingent credit facilities o Pursuing the promotion and undertaking the widespread use of renewable energy and promote energy efficiency to cut carbon dioxide emission o Making information campaigns on disaster risk management more systematic and well coordinated in all locational areas concerned o Integrating Disaster Risk Reduction concepts in the curricula of both public and private schools o Setting up a system for evaluating the utilization and impact of the Local Calamity Fund (LCF) of local government units o Strongly enforcing zone regulations. 2007 was 88. including the idea of a catastrophe insurance pool.614.‖ Establish a workable civil and criminal liability framework that will serve as a deterrent to and facilitate claims for environmental damage.296 In 2000.574.88 million in 5 years. the projected annual population growth rate for the period 2005 to 2010 was 1. building codes and related laws in support of disaster risk reduction o Implementing disaster mitigation measures recommended by previous studies for countries in similarly situated areas D. the total population of the Philippines was 68.297 This translates to an increase of 7. as of last Census of Population (POPCEN 2007). it was recorded at 76.298  152 .Democratic Deficits in the Philippines: What is to be Done?   Protect the rights of indigenous peoples in order to ensure the integrity and capability of ancestral lands that serve as ―environmental havens‖ and ―carbon sinks. such as those resulting from mining activities. Based on the 2000 Census of Population and Housing.50 million. Implement climate adaptation and disaster mitigation measures such as: o Improve the Disaster Risk Reduction and Management Act o Geo-hazard mapping of all regions in the country and the implementation of soil stability measures for landslide-vulnerable areas o Crafting a National Adaptation Plan for Climate Change o Exploring more effective options for financing disaster risk and relieving the burden of disasters from the public sector.95 percent.62 million.

Democratic Deficits in the Philippines: What is to be Done? According to the World Factbook, a publication of the United States Central Intelligence Agency (CIA), the Philippines is the 12th most populated country, based on 2009 population estimates of 237 countries worldwide.299 (See Annex ZE for discussion of Trends in the Philippine Population.) Lack of information, specifically on reproductive health and on the use of contraceptives, is one of the leading causes of the high population growth rate in the country. According to the United Nations Development Program (UNDP), based on the Family Planning Survey in 2006, only 50.6 percent of married women aged 15-49 use contraceptives.300 Reportedly, many women, especially those belonging to the poor social group, are ignorant on reproduction. Many unplanned pregnancies are a result of misconceptions, such as believing that they are infertile while they are still breastfeeding. Others have not even heard of contraceptives, while some of those who have were afraid of its side effects and refuse to use them. The Reproductive Health Bill or RH Bill which aimed to step-up the promotion of natural and artificial contraceptives was not passed during the 14th Congress. The RH bill has been one of the most controversial bills as it has been met with formidable opposition in this predominantly Catholic country. And in this country where a number of religious groups practice bloc voting during elections, for many politicians who will be seeking re-election, it would seem a political suicide to support this bill. This has been seen as one of the major reasons for the ―death‖ of this bill. (See Annex ZF for complete text of the Reproductive Health Bill.) Increased life expectancy and decreased infant and under-five mortality rates have also contributed to the growing population. In 1950, the life expectancy at birth was only 43 years. In contrast, the life expectancy of both sexes in 2005 was around 68 years. 301 In terms of infant mortality, from 1990 to 2006, the number of infant deaths per 1,000 live births decreased from 84 to 32 deaths.302 Under-five mortality rate also improved from 64 deaths for every 1,000 live births in 1993 to 42 deaths in 2003.303 Overpopulation is a major cause of concern as it results in a host of problems especially in a third-world country such as the Philippines where resources are scarce. Firstly, the high number of children which is most common in poor families is seen as the main reason for so-called hereditary poverty. Poor families are already having difficulty in providing their children with the most basic needs such as food, clothing and shelter. Many children are deprived of realizing their full potential and becoming productive citizens as a result of lack of education and adequate health care. Overpopulation also dilutes social service delivery. According to Dr, Merceditas B. Concepcion, a member of the Commission on Population Board: 153

Democratic Deficits in the Philippines: What is to be Done? Swift growth in numbers hampers improvements in health and in the delivery of health services in several ways. First, in the face of economic stagnation, it is difficult to maintain, and more so, upgrade services for the growing number of people. Second, elevated birth rates generate a sizable fraction of young children in the population – the group with the highest illness and mortality rates in developing countries and hence, with the utmost need for health services. Third, too many births as well as those that are closely spaced are linked with high rates of maternal and child mortality. 304 In addition, the expanding elderly population, which was pointed out as one of the factors for overpopulation in the country in recent years, also signifies an increase in health and social service requirements. Unequal Distribution of Population Across Regions As shown in previous sections, there is unequal distribution in population across regions. CALABARZON, NCR and Central Luzon comprise more than one-third of the total population of the country. The average population density of the Philippines in 2007 was 260 per square kilometer. The densest region however, NCR, posted a very high figure of 18,650 per square kilometer. In contrast, the region with the lowest population density, CAR, posted only 78 persons per square kilometer. The high density of population, particularly in highly urbanized cities, results in problems in housing, unemployment, crimes and unhealthy situations. Ageing and Depopulation In overpopulated countries, focus is given on arresting the growth of population. There are countries however who are now experiencing the negative effects of depopulation or under population. Michael Meyer, in his article ―Birth Dearth‖ (Newsweek, September 27, 2004), reports that, ―the world‘s population will continue to grow—from today‘s 6.4 billion to around 9 billion in 2050. But after that it will go sharply into decline….‖ The impending issue of depopulation should also be given consideration. populated countries are now feeling its negative effects. Under

The expanding elderly population is seen as a major issue that will heavily impact on the depopulation phenomena. The lack of replacements for the previously productive ageing 154

Democratic Deficits in the Philippines: What is to be Done? citizens poses a big problem. When Total Fertility Rate (TFR) goes below the replacement level, a country will find itself lacking a sufficient work force. This will force under populated countries to resort to hiring skilled and non-skilled workers from other countries, as in the case of under populated countries now. What is to be done? It has been suggested that there are only two alternatives to address overpopulation. One is to decrease population growth or increase resources to be able to provide everyone with quality standard of living. As countries are forced to operate on resources which are available to them, the only recourse left is to control population growth. And on this, the only way is through birth control, or in other words promoting the use of natural and artificial contraceptives in order to enable families to have the family size that they desire and can support. That the major cause of unwanted and unplanned pregnancies is mostly due to lack of information on reproductive health and low contraceptive prevalence rate, indicates that there is indeed a need to disseminate information and give the people the right to choose and a chance to determine their families‘ size. Thus, it is crucial that initiatives such as the Reproductive Bill be passed and enacted. Out-migration of families to other countries is a trend that may have to be supported more vigorously in order to manage population in the country. The Philippines may already be considered a country whose citizens are spread throughout the world as migrants and Overseas Filipino Workers (OFWs) but are able to contribute billions of pesos annually to the local economy. In the case of increased ageing population, steps must be taken to put measures in place in anticipation of this trend. During the 1990s, there were discussions on the possibility of an SSS and GSIS merger. Today, many legislators and government officials have expressed support to a proposal to merge the SSS and GSIS. The Senate Committee on Government Corporations and Enterprises is presently considering a bill merging the SSS and the GSIS. According to Senator Richard Gordon, head of the committee, the merge would strengthen the SSS.305 Senator Sergio Osmeña also proposed the merge to settle the problem in the release of pensions and retirement benefits. At the same time, Senator Manny Villar suggested that the Department of Finance conduct a study on how much the government will save if the SSS and GSIS merge. The Department of Finance has conducted such a study of radical reform of merging the two corporations in 2000 but it did not materialize.306

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Democratic Deficits in the Philippines: What is to be Done? In 2003, Senator Ramon Magsaysay, Jr. expressed an urgent need for new legislation to amend the SSS Charter to include the administrative merger of the SSS and the GSIS. He justified the merger as follows: 1. The national government as the ultimate guarantor of the SSS and the GSIS would have the opportunity to rationalize the cost of these two programs and provide a common standard of old age protection to all workers, regardless of sector of employment. 2. We cut down on bureaucracy cost. 3. Investment opportunities for the consolidated fund would expand because of the sheer size of the unified fund.307 Antonio C. Asper, Executive Assistant for External Affairs of the Federation of Free Workers, in his study, recommends the following reforms308 in the SSS: Structure and Design a. Restructure the SSS into a two-pillar scheme—downscaled defined-benefit and appropriate defines-contribution schemes. Under the proposed defined-contribution scheme, members are allowed to save for their own pensions. b. Periodically examine these schemes to ensure that benefits and contributions are aligned at all times. c. Increase the contribution rate on a staggered basis from the current 9.4 percent up to a rate that will synchronize contribution rates with benefit payments. The need to increase the contribution rate will be able to ensure viability of the Social Security Fund for a longer period. Administration a. Increase the number of inspectors and lawyers to prosecute employers who do not comply with the Social Security Law. In 2003, more than 300 additional account officers were fielded to monitor delinquent accounts and payments of employers. The account officers were tasked to look into the billings and payments of companies and crack down on those who did not comply with the Social Security Law. b. Review staffing patterns if it is to be converted into a two-pillared scheme. The employees who will be affected by the scheme need to be given employment or financial assistance. c. Improve the delivery of basic services. To reduce the processing time for benefit claims and loan applications, the Covenant of Service Program (COS) was introduced in 2001. The implementation of phase two of the program will further shorten processing time. 156

311 The consensus on establishing a partially funded pension system is embodied in the existing government reform program that aims to establish a three-pillar system. such as merging the SSS and the GSIS to rationalize the cost of these two programs and provide a 157 . Outsource fund management to professional fund administrators.312 Recap of “What is to be done?”  Control population growth by lowering the incidence of unplanned pregnancies o Provide information on reproductive health o Allow people to determine their family size by providing them with information on the use of natural and artificial contraceptives   Promote regulated out-migration of families Put measures in place in anticipation of the increased ageing population. (2) a system of individual savings accounts funded by both employees and employers. 2. starting 1985) which determines the amount of pension benefits. strong economic growth and high return on capital mean that ―a funded pension system would be more efficient than a PAYGO system. and (3) a supplementary pension funded by employers.Democratic Deficits in the Philippines: What is to be Done? Fund Management a. 3. Increase the contribution rate from 8. Redefine ―credited years of service‖ or CYS (the sum of the number of years from the year of coverage to 1984 and number of years where the member has at least 6 contributions in a year. By redefining the CYS. to wit: 1. to wit. b. Lessons from Western countries showed that a national social security program with a PAYGO system is unsustainable. the computed pensions will be more equitable in relation to how much the member has actually contributed.4 percent of workers‘ monthly salary to 16 percent to 22 percent in a span of six years (only 1 percent has been approved so far).310 The country‘s rapidly ageing population. We can learn from the experience of China which has restructured its pension system since 1995 by combining the PAYGO system309 with a funded system relying on individual savings accounts. (1) a PAYGO pension financed by pooling funds citywide. Increase the maximum and minimum monthly salary credit along with an increase in benefit payments. Consider the proposal of selling or restructuring housing loans. The SSS has proposed several corrective measures.

1 billion in 2003. and foreign direct investment (FDI) dropped from US$2.Democratic Deficits in the Philippines: What is to be Done? common standard of old age protection to all workers. the Internet and other media—the vibrant competition and development of numerous.313 Efforts of previous administrations in the 1990s to liberalize the economy and develop pro-business economic policies should also be considered as one of the most important contributions by the government to economic growth. aside from having a coastal area longer than even that of the United States. most especially in terms of economic growth and development? The country has had a long history of private sector-led economic growth. being one of the centers of marine and land biodiversity in the world. but also the broadening of the telecommunications sector—which includes telephone and mobile networks. Why then.316 Although the Philippine economy has proved quite resilient to external shocks and changes in economic policy over the past five years—while many of its neighbors suffered deep 158 . economic growth remained steady at 2.5 percent despite political upheaval and a short adjustment period from the Marcos dictatorship back to democratic rule. Public-Private Sector Partnership Macroeconomic History and Overview of the Philippine Economy The Philippines has 7.1 percent in 2002. the gross domestic investment in the Philippines declined from 23. From 1980 to 1997.314 Foreign investors became significant players in various industries like banking and manufacturing. regardless of sector of employment E. telecommunications. boast of breathtaking tourist spots that attract thousands of people every year.107 islands and rich in natural resources. are we called the ―Sick Man of Asia.‖ and are now lagging behind all our neighbors here in Asia. this economic history of the Philippines is also marked with losses as well as gains. banking and infrastructure. islands like Palawan and Cebu. not only the building of new roads.1 billion to just US$0. It also has one of the largest mineral deposits in terms of mineral ores. Following the Asian financial crisis of 1997. Partly this could be attributed to the entrepreneurial culture and skilled workforce of the Filipino people. Also. another important factor is the liberalization of the power sector. As for infrastructure. which paved the way for 35 new projects to deliver electricity more efficiently to the public. but a major chunk of this growth also comes from foreign participation and investment in major sectors of business.315 Yet. which led to 95 percent of the country‘s gross domestic product (GDP) and 92 percent of the employed workforce in recent times being generated by the private sector.8 percent of gross national product (GNP) in 1997 to just 18. privately-owned business networks could be attributed to all these. Also. and the Mindanao region. like in retail trade.

Despite these gains. which contributes approximately 50 percent of GDP in recent years. Figure 2 GDP Growth 1997-2003 Philippines The economy is dominated by the services sector. The services sector has also had the fastest growth rate. Singapore and Malaysia who all suffered economic contraction at -2. versus an investment rate of 15 percent.0 percent.9 percent. followed by industry/manufacturing at 32 percent and agriculture.320 The national savings rate is at 30 percent. respectively.321    159 . against Malaysia and Singapore‘s 29 and 20 percent. fishing. -2.318 Our net exports (exports minus imports) accounted for only 0.5 and -1.317 The following indicators currently showcase the economic status of the Philippines.4 percent of the country‘s GDP.Democratic Deficits in the Philippines: What is to be Done? recessions during the post-Asian crisis years of 1998–2001—the Philippine economy continued to grow at an average pace of 2. for 2009:  GDP growth is 0.2 percent GDP growth in 2009 respectively. reflecting the fast pace of consumption and demand for telecommunications and food services. which is broken down into 4 percent public and 11 percent private. relatively better than our neighbors Thailand.5% per annum.319 The Philippines remains high in domestic savings due to the remittances of Overseas Filipino Workers. and forestry at 15–17 percent. however. GNP growth is 3.8. the rapid pace of population growth has led to a fluctuating gross domestic product (GDP) growth rate from 1997 to 2003 (see Figure 2).

063 trillion. As the government looks to support private sector development in the country. although its share dropped to 66 percent as a consequence of the Asian financial crisis as the economy contracted and the government intervened to revive growth. Public-Private Sector Relations In a March 8. maintaining a credible regulatory oversight system.3%) and sugarcane (-10.323  National debt was approximated at US$55 billion in 2003. economic adviser to the Arroyo administration Joey Salceda mentioned that ‗historical structural factors…have persisted and are tougher to get undone despite deregulation. and a reliable. 2010 article in the Philippine Daily Inquirer. Rising real wages due to successive rounds of minimum wage increases have not been matched by concurrent rises in productivity. amounting to more or less 73 percent of total GDP.329 160 . It also contributes on average 65–75 percent of total investment. there is a significant decline in growth of palay (-3. and finance (banks and insurance). it needs to create a better environment for private investments by building more competitive markets.328 However.8%) in agriculture. there is a negative growth (-3. which grew by 11 percent. There has been decreased productivity and competence because of the presence of monopolies and oligarchies which control a huge chunk of the domestic (and even international) business sector.324 As of January 2010. the sector in which the rural areas depend on for livelihood.6%).327 Private enterprises employ 92 percent of the registered workforce but have not been able to keep pace with the growing number of job seekers since the Asian financial crisis.Democratic Deficits in the Philippines: What is to be Done?  Two industries particularly stand out with double-digit growth in the 4th quarter: Mining and quarrying. liberalization and privatization. the total national government outstanding debt has reached PhP5.322 However. the private sector dominates the Philippine economy generating on average 95 percent of GDP and accounting for 85 percent of total expenditure during 1991–2002 period. especially those of health and education.326 The Role of the Private Sector According to the ADB Philippines Private Sector Assessment. which grew by 17 percent. better administrative performance from government institutions.325 Servicing this debt crowds out other important government expenditures for basic services for the Filipino people.‘ This refers to the oligarchies that continue to ‗exploit‘ the business environment in the country. efficient mechanism for dispute resolution. the overall productivity of the private sector is low and declining.

predictability. Also. and c) the threatening of the government to use force in the confiscation of future shipments. which are dedicated to prosecuting and bringing erring officials with cases of corruption to justice. an advertisement in the Philippine Daily Inquirer last February 15.333 Corruption is not a problem only in the Philippines. which example may lead to disastrous effects in the relations between the government and the business sector in particular. another major challenge is setting goals and priorities. Australian-New Zealand. the Philippine government still appears to be riddled with the presence of corrupt officials at all levels. As Dr. However. it is also a problem in many other parts of the world. Political will is required to enforce policies and give appropriate sanctions to those who still make transactions outside the law.331 One of the major problems in the relations between the government and the private sector—just like that in the macro level where it appears to be pervasive—is corruption. and 3. According to Amado Macasaet. Corruption always has had negative effects on a country‘s development. fairness. 2010.330 Major Challenges Macroeconomic View Cielito Habito states that the three key challenges facing our economy are the following: 1. the Philippines was ―basically an agricultural country trying to industrialize…today. European. Gerardo Sicat of the UP School of Economics states: In a country where corruption is a problem. there are agencies like the Office of the Ombudsman and the Sandiganbayan. low levels of investment. failure of our economic growth to translate into poverty reduction. weak government finances. by the Joint Foreign Chambers of the Philippines (American. However. Also. the issue is to reduce it from being widespread and rampant to a status that is negligible. it 161 .Democratic Deficits in the Philippines: What is to be Done? Also. b) the government needs to practice consistency. Leadership and good governance are the factors that could tip the scales in controlling and eradicating corruption. 2. Japanese. it is assumed that corruption greases actions in the system…a country that is run on such grease is oftentimes full of regulations and rules that are impractical. Canadian. Korean and Pamuri) concerning the dispute between government agencies and Pilipinas-Shell: a) double taxation (of intermediates and final products) seriously hamper the growth and development of the manufacturing industry. due process and no retroactive changes for better relations with the business sector. creating enormous rents332 for some groups that participate in the operation of the system.

Also. Sicat also notes that the growing population poses a threat to the labor force. Governance reforms should therefore form the central tenet of ADB‘s sustainable private sector development strategy for the Philippines. we are challenged with numerous policy mismatches. and yet the country still continues to slump deeper into poverty and income inequality. In the current context. Policy restrictions on trade and industrialization also took its toll on the economy. implementation.340 Also. economically active individuals.‖ 334 This is because. but are not really doing their job—this is a problem that has not been solved until now.338 thus. vested interests and systemic corruption will continue to make this process very challenging. An example is the required policy to augment capital investments in the country.‖335 He further asserts that these policy directives are ―pieced together mostly by politicians or economists with strong political leanings…programs are calculated to attract votes. ―economic development programs are invariably crafted during the election period.‖336 Weeding out the useless and outdated laws that try to spur growth. not really to make the economy grow. the large chunk of the country‘s population depends on the fewer.339 Zooming In on Public-Private Sector Relations For the ADB. governance reform essentially means establishing and enforcing a rulebased business environment that encourages investment and rewards fair competition. As stated by the ADB: 162 . As Sicat also notes. instead of encouraging foreign capital together with domestic capital. Studies also show that there is a high rate of unemployment and underemployment in this country. and monitoring of programs to ensure that sufficient political will exists to support them.337 The mismatched policies were at work for several decades—thus affecting capital adversely. the initial orientation of industrialization in the Philippines was mainly import substitution. or battle corruption. In the Philippines. Macasaet writes. There are too many laws with the thrust of economic growth in mind. a reduction of political interference in the markets is important. and the actual policies that the government adopted. the government adopted the policy of limiting contribution from foreign capital. Particular care will need to be taken in the design. Policy mismatch on the part of the government—an encouragement of more capital-intensive industries and the neglect of many labor-intensive ones—deterred the growth of jobs in relation to the labor supply.Democratic Deficits in the Philippines: What is to be Done? can neither rely on agriculture nor industry as the main drivers of the economy. the perception that foreign and domestic capital competed with each other embedded a negative image in the Philippine psyche.

regulations and red tape are what they see as major constraints to investments and business. but also to make the ‗help‘ worthwhile. To be effective.‖ According to Hutchcroft. not only to pay off what they spent for his campaign. Also. Air Transportation Office. In the Philippines. This is the basis of the statement that ―the best investments happen every six years. thereby undermining their impartiality vis-à-vis private investors. This weak regulatory framework has resulted in formal legal challenges to almost every major regulatory decision and investment transaction. One major challenge to the Philippine government is the rampant practice of what Dr.‖347 definitely the politician would feel compelled to help the business people in any way he could. In the case of the transport sector. The public-private sector relations in the Philippines is riddled with many problems and challenges that need to be faced head-on. regulators exist for each major infrastructure sector. Philippine Ports Authority). it could be considered that.344 Local businesses may be optimistic in terms of access to financing. ATO342 and PPA343 combine policy. regulatory and operational responsibilities. economic regulation is necessary to balance the public interest.‖346 This cycle starts when wealthy businessmen and even business groups with vested interests finance candidates‘ campaigns during elections.345 however. regulating bodies must be independent of policy-making agencies and free of any conflict of interest when implementing sector rules.Democratic Deficits in the Philippines: What is to be Done? [This is possible] by strengthening the independence of sector regulators and giving them sole authority over utility tariffs. this exists where ―the state is dominated by powerful business groups who finance electoral exercises and use politicians and the machinery of government to further their economic interests. limited access to the right information restrains the public and the businesses to estimate and approximate the economic environment. as part of the Filipino psyche of ―utang na loob.341 Building credible and independent regulatory oversight is also part of the ADB‘s list of recommendations for better private sector development: Due to the natural monopolies associated with many infrastructure investments. he/she would repay his financers by developing policy measures which favor the business.g. Also. privatizing the remaining nonstrategic GOCCs and unbundling the commercial and regulatory roles of government agencies wherever they coexist (e. but none is financially independent or effectively free from political influence.. Paul Hutchcroft calls ―Booty Capitalism.‖ If the candidate wins. or even disregard past transgressions they incurred against the public or the government. 163 .

this ―very ability to distort policies allows them to capture economic rent. According to Romulo Neri. how does this work.353 164 . we cannot expect tax collection efficiency to improve.‖348 This gives them greater wealth. Romulo Neri explains.‖ gives these propositions in economics that ‗are important in the analysis of Philippine economic issues:‘352 1. 3. What is to be done? As Dr. and it distorts the demarcation between the private sector and the government. poor social services and a very low respect for the law. and the buyer getting a good price – so long as the trade happens as a result of competition and not of monopoly. 2. Thus. Competition in the market leads to lower prices and to more output in general. and how can we achieve the best possible results? Dr. Lastly. So. and that 4. and would eventually lead to high unemployment rates. ―taxpayers evade paying the proper amount of taxes on the belief that doing so would only feed corrupt pockets. Sicat. Tax evasion is also a major challenge to the system. [Contrived] monopoly leads to higher prices and smaller output.Democratic Deficits in the Philippines: What is to be Done? True enough. unless there is a ‗more trustworthy‘ government than what we have now. the key to poverty reduction is generating greater economic value and higher income through higher productivity. a weak tax system is also a deficit of the government. The combined impact of these policy distortions and our having weak state institutions makes it harder for foreign investors to develop and manage their investments in this country. Specialization in production that is encouraged by the principle of comparative advantage enables a country – or producer – to become low cost and able to expand in the world market.‖350 He further added that. which allows them to finance the next election. and it is one ideal (yet elusive) environment for economic growth and development. in his presentation entitled ―Reflections on Philippine Development Challenges and Governance. Competition in international trade reduces the power of monopolists and cartels. Trade benefits all parties in the transaction: the seller earning something in return. this practice adds political power to the already present economic power the oligarchic elites hold. economic rent being extraordinary profits which make them extraordinarily rich. According to Habito. Gerardo P. as a considerable percentage of the Philippine GDP (roughly 14 percent)349 comes from overall tax revenue. poverty.351 A reduction in poverty means a higher standard of living. low investment rates lead to low economic growth.

As the gaining rate of employment is sustained. i. the ‗short-run convenience of apparently popular policy choices introduces distortions in the economic outcomes that lead to high cost in the long 165 . it would be easier to build a more peaceful. first. it is easier to allocate resources and achieve social goals when there is economic growth. This should build an environment that encourages investment and rewards robust and fair competition. and investment. Investment incentives provided in various laws should be reviewed. one other important problem to address is strengthening the poor physical infrastructure of the country. and the telecommunications sector would help in the quality of product transportation and develop faster and more efficient business transactions. employment creation is what the government should really prioritize. creating jobs would help people ‗have a basis for hope.Democratic Deficits in the Philippines: What is to be Done? These propositions. and revise those which seem to be outdated. Sicat even further states that as the economy grows. there will be a scarcity in labor. would lead to a more efficient economy wherein there are equal opportunities for producers and consumers. True enough.‘355 gain a positive outlook and not ‗get desperate in looking for all kinds of solutions…which makes them susceptible to any offers of cures.‖356 Giving stability to employment through a ‗sustained rise of output and productivity‘357 creates an assurance in the people of improving welfare standards in the country. equitable and harmonious society. which will give rise to higher incomes and an improvement in skill competencies in the labor force. especially those which deal with tariff and trade.e. He gives several reasons for his recommendation. sometimes. Sicat. Improving the physical environment. scarcity in labor ‗creates demand for greater productivity of labor because higher wages would demand a greater number of investments per labor. roads. streamlined and aligned with the updated investment priorities. Also. since poverty takes place without apparent reduction. According to Dr. Definitely. including the investment incentives that go along with them.‘358 Dr. including those suggested by radicals and charlatans…. and where there is no individual or firm that could dictate on market processes to their own advantage. there should be no special treatment for a particular set of businessmen or companies. when used as bases for developing economic policies. that gainful employment ‗keeps people busy and away from mischief. Also. After this. According to Dr.‘354 and second. Sicat. the government should properly implement rules and regulations for the business sector that will bring about more jobs for the citizenry. A strong political will to implement and enforce laws may be one of the best solutions to defeat nepotism and the prevalence of Booty Capitalism in the country. another one of the major recommendations for improving public-private sector relations in the Philippines is to review laws which have been set for the economy.

instead of building a stronger economy in the long run. the government should consider lifting interest rate caps to increase credit flows to SMEs and pull up investment rates. it could also be an opportunity for companies to employ competent and efficient workers whom they have already previously worked with.367 These are the sectors that could very well create jobs for the unemployed Filipinos. 166 . According to Rafaelita Aldaba. becomes detrimental to the state of relations between the market and the government. The government is also expected to provide the necessary support to strengthen competitiveness by lowering the costs of doing business. as Habito states. An example of this.368 Expanding opportunities in agriculture and tourism should be one of the priorities when addressing unemployment and underemployment. The crisis was a result of people-pleasing policy directives that the government decided upon for short-run gains. Investments done by private companies in research and academic institutions to develop solutions should be commended and even encouraged.‘360 Protecting inefficient firms that have no chances of exporting or surviving domestic competition should also be avoided. we agree with Habito that the government needs to look beyond the business process outsourcing (BPO) industry to provide jobs for the unemployed in this country. one other recommendation is to prioritize drafting policies and programs ‗geared toward facilitating the exit of inefficient firms and entry of new ones. however. Sicat states. who are usually the young and undereducated.365 As Habito concludes. as Dr. ―growth built on a flourishing SME sector should do it. these SMEs are ‗viable source[s] of potential investments to fill the gap. is the root of the fiscal-crisis program of recent years. these banks charge higher interest rates than what they charge the bigger companies.‘364 Extending SME loans seems to be a problem for banks. like in the case of Thailand. as Habito asserts. The creation and maintenance of a better finance environment for small and medium enterprises (SMEs) is also important.361 As the firms are exposed to outside competition.‖366 Finally. These programs could also help students and members of the academe to find stable jobs as part of research and development teams for private companies.363 A stronger push for agricultural and natural resource research and development programs jointly pursued by both the government and the private sector would definitely increase productivity in these two major sectors. restructuring processes362 will be easier to undergo. Thus. True enough. since they prefer lending to larger companies. the real sources of hope for the jobless are agriculture and tourism.Democratic Deficits in the Philippines: What is to be Done? run.‖359 Many of these policies counter market principles and thus.

‘ Push for agricultural and natural resource research and development programs jointly pursued by both the government and the private sector to increase productivity in these two major sectors. Strengthen the poor physical infrastructure of the country. and investments. and revise those which seem to be outdated. Create and maintain a better finance environment for small and medium enterprises (SMEs). Review laws which have been set for the economy. Prioritize drafting policies and programs ‗geared toward facilitating the exit of inefficient firms and entry of new ones. giving stability to employment through a ‗sustained rise of output and productivity‘ creates an assurance in the people of improving welfare standards in the country. including the investment incentives Properly implement set rules and regulations for the business sector and removing special treatment for a particular set of businessmen or companies.        167 . especially those which deal with tariff and trade. Expand opportunities in agriculture and tourism to address the unemployment issue.Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?”  Creating jobs is what the government should really prioritize. Improving the physical environment and the telecommunications sector would help in the quality of product transportation and develop more efficient business transactions.

the CPP-NPA-NDF increased its membership to 35.000. A. 1973. On March 29. 1969. the National Democratic Front (NDF) was organized ―to embrace the underground mass organizations. on April 24. 168 . land reform and mass-base building. however. 5.000 members were of cadre quality capable of leading at least a committee or a squad. Amado Guerrero reestablished the Communist Party of the Philippines under the guidance of the theory of Marxism-Leninism and along the general line of national democratic revolution. Party cadres and mass activists had to be absorbed by the urban underground and by the revolutionary movement in the countryside. The peasant mass base there was about 80.‖371 As of Liwanag‘s writing in 1988. In carrying out the Communist struggle in the countryside. base itself in principle on organs of political power built at the village level and facilitate the formation of united front committees and secret cells at higher levels. Insurgencies This section shall discuss the Communist insurgency and the Moro issue which have persisted in the Philippines for the past decades. mainly organized through a legal peasant association and administered by barrio organizing committees. the numbers are not exact. the urban-based legal democratic mass organizations under the broad alliance banner of the Movement for a Democratic Philippines were outlawed and forced underground. As of latest date. Upon the declaration of martial law in 1972. This was facilitated by the ―conjoining of the proletarian cadres from the urban areas and the fighters of the old people's army.Democratic Deficits in the Philippines: What is to be Done? IV. the New People's Army (NPA) was established. the CPP has incorporated armed struggle. subsequently wrote and issued Philippine Society and Revolution in 1969. yet it is estimated to have grown into a definitely larger number than listed in 1988.‖370 The NPA started with sixty fighters. Out of the total membership. SPECIAL CONCERNS This chapter will detail some democratic deficits on special concerns like the continuing Muslim and Communist insurgencies and food security. Thus. A Short History of the Communist Insurgency in the Philippines369 On December 26. armed with nine automatic rifles and twenty-six single-shot rifles and handguns in the second district of Tarlac province. 1968. Guerrero.000 through the urban and rural revolutionary mass movement—in central organizations and in fourteen regional Party organizations. who had been elected chairman of the Central Committee. only a few months after the reestablishment of the CPP.

However. the Moros were still resistant to their integration into the mainstream politics.) A Short History of the „Moros‟ in Mindanao and the Mindanao Struggle “There can never be significant changes and reforms in a colonially-manufactured synthetic nation-state governed and perpetually plundered by greedy. and some Moro families and key persons worked closely with the government to achieve the integration of the Muslims‘ land. The Integrationist Approach started after the end of the Pacific War and subsequent proclamation of Philippine Independence. 2006)372 What is the „Moro Issue‟? Originally. please see Annex ZG. The present armed conflict is a continuation of the long history of the Moro people‘s struggle against all forms of colonization and subjugation. dynamic participation in all areas of social development and dignity alongside their men. and acknowledgment of their differences in various aspects of life from the rest of the Philippine territory. after the Jabidah Massacre. They sought self-respect.Democratic Deficits in the Philippines: What is to be Done? (For a more detailed history of the CPP before its reestablishment in 1968. in Samuel K. corrupt and profligate Filipino elites whose oppressive and exploitative domination of and stranglehold on practically every aspect of life in this country. Tan‘s book ―Internationalization of the Bangsamoro Struggle‖. could possibly be divided into three parts. can only be dismantled if the Philippine nation-state itself is dismantled and the captive nations which make-up its components recover their respective sense of nationhood and are subsequently liberated…no choice is left for the Bangsamoro nation but to free itself from this environment of insecurity and the prospects of a bleak future…” (Alonto. culture and customs into the new Filipino republic. the Secessionist Option (19681976).373 Their struggle for self-determination dates back to the late 16th century with their fierce resistance against the Spanish invasions in the southern regions of the country. Although the Americans replaced the Spaniards as the colonizers of the Philippines in 1899.374 It reached its height in 1971 when the Moro National Liberation Front (MNLF) declared an armed struggle with a demand for an independent state for the Bangsamoro. an active. which were led by the Bangsamoro Liberation Organization of Datu Rashid Lucman of 169 . culture and way of life of colonial Manila. in subservient collusion with foreign imperialist powers. which lasted from 1976 till 1990.376 integrationist ideals gave way to secessionist ones.375 The Moro struggle. in 1968. according to the thrust and main ideology ruling each section: the Integrationist Approach (1946-1968). Manila. the term ‗Moro‘ was coined by the Spanish colonizers to refer to the Muslim inhabitants outside of the capital. and the Separatist Alternative.

NDF spokesman Luis Jalandoni admitted that ―the chance for peace talks is already dim.) Government Responses to Communist Insurgencies According to Liwanag. however. (For a more detailed history of the three subsections of the Moro struggle.‖377 But since the latter half of 1969. The government also condemned the use of landmines by the rebels in their offensives as violation of the Comprehensive Agreement on Respect for 170 . the peace dialogue with the National Democratic Front (NDF) is at a crucial juncture. the government proclaimed the elimination of the NPA and the peasant movement. In fact. the CPP has even ―consistently sought unity. the government suspended the JASIG as a response to the NDF‘s persistent refusal to peace negotiations and continued atrocities committed by the rebel forces. The declaration proclaims ―the need for peace talks to address the roots of the conflict and arrive at reforms…At least three substantive issues awaited discussion: constitutional reforms.Democratic Deficits in the Philippines: What is to be Done? Lanao. as NPA units had been destroyed. and that this Moro Nation that he spoke of was inherently separate from the rest of the Philippines. Nur Misuari spelled out the ideological backgrounds and thrust of the MNLF through press releases and public speeches. In December 1970. cooperation and coordination with the MNLF as well as with other forces of the Moro people even as the Party criticized their acceptance of regional autonomy within the framework of an oppressive state as provided in the Tripoli Agreement. please see Annex ZG. which gave rise to the idea of a Separatist Alternative from 1976-1990. The most concrete means of compromise between the government and the Moros was the 1976 Tripoli Agreement.‖379 The rebel group had broken off formal negotiations last year and cited government‘s failure to honor agreements it had forged with them. the NDF postponed formal negotiations with the government ―to comply with its obligations‖ according to the Hague Joint Declaration approved in 1992 and other agreements. Following the Tripoli Agreement in 1976. Also. the Joint Agreement on Safety and Immunity Guarantees (JASIG) was mutually approved to protect the panelists. the government had concentrated the Task Force Lawin and organized the "barrio self-defense units" (BSDU) to operate against the NPA. 2005. On October 5. socioeconomic reforms and disposition of forces that are the core of the present armed conflict. Misuari‘s ideology primarily promoted the view that a ―Moro Nation‖ had really existed even long before the Spanish colonization of the Philippines. which was signed under the Marcos administration.‖378 Apparently. In 1995.

With the move. President Arroyo remained committed to defeating the NPA by the end of her presidential term in 2010. In April 1997. the NPA is continuing its strategy of taking ―revolutionary taxation‖ from mining operations. Elections in May 2010 were generally considered free and fair. mainly in these mining regions. a breakaway faction of the CPP/NPA in Mindanao. both in the military and in the rebel side. The Project Ploughshares website shows us a complete breakdown of the highlights of the government‘s engagement with the CPP-NPA-NDF. but government forces continued to struggle in the battle against the 7. escalated fighting claimed the lives of over 100 people. To date. the CPP-NPA-NDF was named by the US as one of the terrorist organizations. peace talks were again suspended. and may explain claims that NPA numbers have been reduced. but it had little to no success.000-strong NPA. talks between the two sides resumed mid-year. ―after a short respite for peace talks. and remains so until this day. and it was highlighted with more casualties. signed a ceasefire agreement with the government. but increased violence and accusations of electoral fraud marred the results (Project Ploughshares).‖ In 2004. The international community sharply criticized the Philippine government for its role in the so-called ―extrajudicial killings‖ of leftist activists since 2001.‖380 Meanwhile. The government‘s Social Integration Program (SIC) provided financial assistance for 225 rebels in exchange for surrender. despite a UN 171 . in spite of the lingering conflict since 2001. The government then announced additional funding to increase its anti-rebel program. In May 1999. rebel attacks increased. the NPA was held responsible for bombing many private companies. despite renewed peace efforts. and attacking police and military targets. as part of the global ―war on terror. with the aid of US arms and training. no government or military personnel have been persecuted in relation to the ―extrajudicial killings‖ of leftist activists. It was at this point in time too that the RPM-M. as listed in the website. especially on the National Police. Attempts to resume formal peace talks in late 2008 failed.Democratic Deficits in the Philippines: What is to be Done? Human Rights and International Humanitarian Law (CARHRIHL). Until now. In 1998. The government continued strengthening its military forces. strengthening its offensive and increasing clashes between the military and rebels. This started another major conflict between the government and the communist group that in 2005. while the military targeted mining regions as a means to sever NPA funding and encourage foreign economic development.381 In 2006. the Philippine Army was ―reassigned counterinsurgency operations on the island of Negros as part of an escalating government campaign against communist rebels‖ (Project Ploughshares). Hundreds became displaced this year. 97 NDF personnel covered by the JASIG with standing warrants of arrest could be arrested and the suspension of their criminal proceedings could be lifted. government forces were ordered to resume full hostilities against the communist rebels. In 2003. The UN began an inquiry into this. as did attempts by the CPP to create a joint campaign with the MILF.

non-Christian cultures was difficult to eradicate. There were limited opportunities for Muslims in government service and even in the private sector. the lack of tangible projects and strained resources accompanying the rapid increase in national population continued to plague the Muslim communities in the South. the post-1946 Filipino government sought to eliminate this kind of integration by developing policies which were more or less guided by the constitutional guarantee of religious freedom. This bias continued to affect development and of many policies and programs of the state. colonial bias against the marginalized. according to Tan. we can observe that the government answers to the challenges of the Muslim struggle have been based primarily on the idea of integration. economic and social concessions to Muslim leaders. education and housing. it should be noted that the Christian majority even shared power in the Muslim regions. Despite carefully conceived policy thrusts and programs. it could not be denied that bias against non-Christian minorities remained a large barrier towards nationalism. The Christian (primarily Roman Catholic) majority in the country not only enjoyed access to abundant resources. as shown during the Integrationist Approach section of this chapter. These two avenues gave the Muslim leadership ―a sense of importance they 172 .383 As priorities shifted. the minorities have been pushed farther down the list and not given close attention. This watered down the secessionist and separatist struggles. Cotabato and Sulu opted to cooperate with the national government through appointments in local and national positions.Democratic Deficits in the Philippines: What is to be Done? report and government ―disappearance. but also in infrastructure and employment. many Muslim families from Lanao. But then. which. not only in providing the basic needs such as food. True enough.‖382 taskforce documenting military involvement in cases of Government Responses to the Moro Issue Overview Since 1946. not to mention the projects by private institutions in the development of the southern regions. by giving enough political. Although integration was primarily based on the Spanish and American promotion of the Christianization of nonChristians throughout the country. The government was right though in believing that. especially after the creation of the Commission on National Integration (CNI) in 1957 and the founding of the Mindanao State University in 1968. Also. and they continued to suffer neglect by the government. but also the near-monopoly of national power as well. the Muslim threat to national security could somehow be alleviated. Truly. even became political slogans and propaganda.

Sulu. Lanao del Norte. it granted autonomy to 13 geographic regions in Southern Philippines. ceasefire was declared immediately after the signing of the agreement. South Cotabato. It was also agreed upon that foreign policy and national defense would be overseen by the central government. Zamboanga del Norte. hostilities continued on both sides. Libya in December 1976. The outbreak of war in Sulu in 1974 between the Philippine military and the then-newly-formed MNLF reduced hundreds of residents to utter poverty and razed Jolo to the ground. Tawi-tawi. especially because the referendum did not succeed due to the migration and influence of new Christian settlers into Mindanao. Zamboanga del Sur. 1976 Tripoli Agreement The 1976 Tripoli Agreement between the Philippine government and the Moro Islamic Liberation Front was a product of the mediation efforts by the Organization of the Islamic Conference (OIC). a ceasefire. 173 . and as for the educational system. and the only logical direction was to conduct peace talks in order to avoid more conflict and loss of lives. and some of the other sectors were too. an amnesty program. Cotabato and Basilan. as well as the venue to project their political and intellectual profiles in Philippine society. The entire Sulu archipelago. This started another conflict between the government and the MILF. Davao del Sur. in 1986. in 1976. Also. scores of soldiers and MNLF mujahedeens were killed in the battle. Maguindanao. a year after the signing of the agreement.) However. and peace negotiations were achieved. which led to drafting of the 1988 Organic Act for the Autonomous Region in Muslim Mindanao (ARMM). Sultan Kudarat. colleges and universities. as properties and valuables were also pillaged or burned down. the historic Tripoli Agreement was signed between the MNLF and the government of the Philippines. after the Marcos dictatorship (the government of the day when the Tripoli Agreement was signed). namely Basilan. Signed in Tripoli. was turned into a war zone. The MNLF claimed that the government did not properly hold on to the end of the bargain. This was the Muslim war of independence that caused the most tragic losses to both parties. Lanao del Sur. including Lanao. Thus. to end the armed conflict. with minimal supervision of the central government. provided that they would still follow a basic set of rules for the general education system of the state. Both parties agreed upon the regions since these areas housed the majority of the Muslim population in the country. (See Annex ZI for complete text of the 1976 Tripoli Agreement. the latter carrying the promise of a possible joint force between the Philippine Armed Forces and the MNLF.Democratic Deficits in the Philippines: What is to be Done? had been seeking.‖384 Even so. Shari‘a law was implemented in their courts. the Muslims had the right to set up their schools. The economic. Most importantly. a referendum regarding the implementation of the agreement was turned down. and Palawan. Eventually. North Cotabato. financial and administrative systems were under the autonomous government.

there had been more than 120. according to Lanao del Sur Rep.387 which will be the focus of ―intensive peace and development efforts‖ to which investments will be channeled in order to ―spur economic activities and uplift the conditions of people therein. enacted a law creating a Regional Police Force for the Autonomous Government pursuant to the Constitution but remains a dead letter law up to now. 174 . it has never been implemented because of the refusal of the central government.‖385 Giving a more comprehensive framework for the development of the ARMM. Implementation of the agreement was envisioned to be divided into two phases. on behalf of President Fidel V.389 Lastly. and the MNLF under Nur Misuari. Since the outbreak of war in Sulu. led by Chairman Manuel T. It contained a more comprehensive listing of provisions for governance of the region.Democratic Deficits in the Philippines: What is to be Done? 1988 Organic Act for the Autonomous Region in Muslim Mindanao (ARMM) The 1988 Organic Act to form the ARMM was developed and approved during the Aquino administration. in 1995. involved the development of a Special Zone of Peace and Development (SZOPAD). there will be a Consultative Assembly.) However. the Southern Philippines Council for Peace and Development (SPCPD) will be established as a mechanism to ―monitor. It was designed to further lay down the provisions for the construction of an autonomous region in Mindanao led by Muslim leaders. and the rights and responsibilities of each person in the ARMM.390 The integration of former MNLF guerillas into the Armed Forces of the Philippines (AFP) as well as the Philippine National Police (PNP) was also envisioned as part of this phase. Yan. the war in Mindanao is estimated to have cost the Philippine government $3 billion since 1972.000 casualties from both parties and left more than 300. Ramos.386 By the time this agreement was signed. signed an agreement in Manila to end the 24-year hostilities in Mindanao between these two parties. promote and coordinate the development efforts‖ within the SZOPAD. 1996 „Final Peace Agreement‟ In September 1996. a three-year transitional period. Pangalian Balindong in his 2008 privilege speech to the House of Representatives. He furthermore mentions that ―the Regional Legislative Assembly [of which I was Speaker]. the Organic Act also paved the way for the 1996 Final Peace Agreement between the Ramos administration and the MNLF. Phase I. all these will be established through an executive order.000 Muslim refugees destitute. although the Regional Consultative Commission that helped draft the Autonomy Act recommended enough funds for the development of the Autonomous Region. (See Annex ZH for the complete text of the Organic Act for ARMM. It was also developed to straighten out the problems brought about by the breaches in the Tripoli Agreement by both the government and the MILF.‖388 Concurrently. one of which was Nur Misuari. the Philippine government.

economic activities. with no specific. including the delivery of social services. all the parties concerned also agreed ―to undertake a GRP-OIC-MNLF tripartite process structure to monitor the implementation of the 1996 Peace Agreement and the security.‖394 In the course of writing this paper. but all it achieved were sparse ceasefires and a few peace negotiations. chairman of Moro National Liberation Front (MNLF).‖392 Sporadic pushes for peace talks have happened in the course of the Arroyo administration. tangible document of peace yet. Under the MOU. 2010]. he said that ―I urge all parties (the GRP and the MILF) to go back to the table and talk peace once and for all. an official said on Friday [April 23. Nur Misuari. 2010 news article: The Government of the Republic of the Philippines (GRP) and the Moro National Liberation Front (MNLF) signed a Memorandum of Understanding (MOU) in Tripoli. Annabelle Abaya of the Office of the Presidential Adviser on the Peace Process (OPAPP) said that the implementation of the Peace agreement as embodied in the signed MOU shall be fully carried out. Camilo Miguel Montesa of OPAPP. It must also be meaningful and able to achieve change and. Sec. the government has been working recently on a closer implementation of this Agreement. Sec. it must be stable and permanent. only a proposal for a Comprehensive Compact in January 2010. it was reported in the MindaNews article by Arguillas that the ―government and the MILF peace panels have postponed to March their February 18 to 19 meeting in Kuala Lumpur to review the drafts on the comprehensive peace settlement that they exchanged on January 27. The agreement was signed on Tuesday at the World Islamic Call Society. Libya. governance. in which the subsequent law would be submitted to the people in the affected regions in a plebiscite for ratification. The new law will then incorporate the applicable provisions in the 1996 Agreement with new provisions which may later be espoused with an expansion of the territory from the four provinces that currently compose the ARMM. to continue working on the implementation of the Final Peace Agreement. Balindong in 2008. Whatever it is that GRP is willing to give whether autonomy or federalism. We will no longer have reason to fight each other again. In an April 24.Democratic Deficits in the Philippines: What is to be Done? Phase II consists of a legislative action either to amend or to repeal the 1988 Organic Act of the ARMM. finally peace. and 175 .391 Recent Government Responses to the Moro Issue In the privilege speech of Rep. It must be sincere so that there would be no need to go back every now and then to the negotiating table.393 However. in the conflict-affected areas.‖ Signing for the GRP was Asst. The provinces which vote for and opt to be part of the ARMM in that plebiscite (to take two years within Phase II) may then be formally incorporated into a new autonomous region.

and the lack of educational facilities and even health programs 176 .‖ the CPP said in a statement. The NDF demands the government to at least speak out against the US and European ―terrorist‖ listing of the CPP-NPA-NDF. 000 victims of human rights violations under the Marcos dictatorship have won their case in the US Court of Hawaii.395 Challenges Posed by the Communist Insurgencies While much of Asia has discarded communism for capitalism. chairman of the Organization of the Islamic Conference-Peace Committee for the Southern Philippines (OIC-PCSP). Almost 10. Most of the reasons are basic. most especially those in the rural areas.‖396 Even the government‘s counter-insurgency efforts have been characterized by brutality and corruption of the military. As Roy Lagarde puts it.Democratic Deficits in the Philippines: What is to be Done? Ambassador Rezlan Jenie. and.  Indemnification of human rights victims. one of the major challenges that face the government is the failure of the government to deliver the basic needs and services for the people of Mindanao. which has dragged its feet on agrarian reform since the restoration of democracy in 1986. to test the government‘s sincerity to pursue peace. ―Instead of protesting US intervention.‖397 In Lagarde‘s article. But NDF protested that the government remained ―unjust to these victims by preventing them from seeking justice‖ in the Philippines. ―poverty and social inequity are growing. communism still persists in the Philippines. 2004. although there are many. and the political levers are held by the landowning Philippine elite. During the formal peace talks in Oslo on June 22. women and children. Of high priority are some Mamburao farmers. the NDF negotiating panel presented a list of 270 political prisoners and asked for their release. and those whose release orders were signed already by President Arroyo in 2001 but have not yet been released to date. analysts say. the sick and the elderly. The panels worked on the review of the implementation of 1996 Final Peace Agreement. according to Lagarde. Examples of these are the insufficiency of barangay roads.398 Challenges Posed by the Moro Issue As for the Mindanao issues. some people are ―of the belief that a section of the military feels it is in its interest not really to totally defeat insurgencies. because it gives them something to do—financial gains if you may. the Arroyo regime in fact invites it.  Release of political prisoners. the NDF desired that the government resolve the following issues before the peace talks between both parties are resumed:  Terrorist listing.

‖402 It is a type of conflict that could not be ‗calmed‘ by politics and economics alone. Ted Gurr‘s theory of relative deprivation could explain well enough what Mindanao is going through. True enough. Most of the time. implementation problems stem from miscommunication. power values and interpersonal values. the challenges for the government seem very simple. cohesion between various sectors of the government seems to be a challenge that has spanned many generations. A deficit in one of these values is already detrimental to a country‘s overall stability.‖400 There are three forms of these values: the relative deprivation of welfare values. including the indigenous peoples who have inhabited the land since time immemorial. Finding a comprehensive solution to this would not only lessen the hostilities between the military and the Muslim population. misunderstanding and lack of cooperation between government offices. the Philippines being branded as one of the most corrupt countries not only in Asia but 177 . she expresses the view that the basis of the Mindanao struggle can be thoroughly expressed by the relative deprivation of its inhabitants. for not only Muslims occupy a large chunk of Mindanao land. not to mention widespread corruption embedded within transactions.399 To put it more simply. relative deprivation is a ―group of people‘s thinking and feeling‖ that what ―ought to be‖ is different from what ―is. In Rosalita Nuñez‘ book Roots of Conflict. In a forum-workshop for Muslim youth leaders held by the Institute for Autonomy and Governance with Konrad Adenauer Stiftung in 2008 in Davao City. yet very difficult to face or even accept.401 Bolongaita asserts that the roots of the conflict in Mindanao ―go deep down in the collective consciousness of the people in the island and in the country. Corruption is truly a major problem. Relative deprivation is a phenomenon that takes place when there is a discrepancy between the people‘s value expectations (what people expect that they deserve) and value capabilities (what they actually have or are capable of obtaining). lack of trust among the peoples in Mindanao.403 thus. Lastly. the ancestral domain issue is also one of the major challenges in Mindanao. but also many other indigenous peoples. the youth delegates listed five major root causes of the problems in Mindanao: historical injustice.Democratic Deficits in the Philippines: What is to be Done? for the citizens. This also comes with the inability to meet Muslim demands for socio-economic benefits vis-à-vis the more progressive Christian majority population. and even why there is still a relatively large base of recruits by the NPA. Definitely. dispossession of land. it could also give way for a more peaceful environment in the whole of Mindanao. a deficit in all three is already a critical point to stimulate the people to cause conflict or instigate revolution. and the corruption and insincerity of the national government. it is also necessary for social reforms which will strengthen social cohesion and stability between multi-cultural Mindanao. cultural and religious intolerance.

178 . 2008) Political Sector As Roy Lagarde puts it. Definitely. to suit the needs of the ever-evolving (not to mention elusive) challenge of peaceful co-existence in the Philippine landscape. for they did not bring about peace and progress in the whole region since the time they were formulated by the government. Some of these ‗weaknesses‘ include the ―lack of clarity of the premises of the negotiated settlements‖ and the ―failure to articulate the foundation of these settlements. they had again failed in the span of the Arroyo administration for lack of a good framework for peace and governance in the area. What is to be done? “Military strength and strategies cannot resolve the Mindanao conflict…development assistance must be people. as what could be observed after the infamous Maguindanao Massacre of 2009. or even developed.‖404 and… Definitely. it can be argued that the ―best panacea to insurgencies‖ is good governance. or the pact addresses only the ‗problems‘ of the MILF. As Benedicto Bacani stated in his article. Also.‖ There must be some things that should be altered. Mindanao is teeming with arms and political warlords who are omnipresent. One must closely study and develop the solution while understanding both parties and the issues they present. at the end of the day. it was the bad governance of the Marcos administration that gave it more life. If this seemingly intractable problem could only be given more attention and action. the present remedial set-up for both the Mindanao issues and communist insurgencies are not the most effective ones.‖ Truly.Democratic Deficits in the Philippines: What is to be Done? also in the world. ―the settlement [in the peace process] may be substantial and comprehensive but will suffer problems in implementation.and community-oriented” (Mercado. there is no one all-encompassing solution that could be developed and implemented to remedy the situation in conflict-affected areas soon. ―Autonomy has not helped solve the problems that are at the root of the Moro insurgency. says. On the premise that communism thrives on conflict or contradiction. True enough. a Muslim youth group leader. There are many reasons for the ongoing secessionist and insurgent thought in Mindanao—and most of them stem from what scholars call ‗structural weaknesses‘ of the government and its policies. since the laws are not as clear-cut as they should be. implementation of the law is also a major problem being faced by both the national and the local government in the region. while things took a better turn through the efforts of the Ramos administration. as Mujiv Hataman. there might be a possibility that other difficulties could also be addressed.

Democratic Deficits in the Philippines: What is to be Done? Since governance remains a very important factor in achieving peace, the question of federalism now comes into view. Jose Abueva asserts that a federal government is best suited for the Philippines since it could deliver ‗greatly improved governance‘ by being able to gradually ‗develop greater human and institutional capabilities for governance.405 Furthermore, there shall be developments in decentralization and devolution which could not be attained under the unitary system. However, some problems might still arise especially if the public remains uninformed or even misinformed regarding the federal system of government. Shifting to a federal system of government does not automatically mean progress and peace; it is not a cureall against the deficits of the government and the country itself. Constitutional revisions also require a lot of hard work, and definitely, the country needs more experienced and dedicated statesmen to be able to produce more comprehensive and updated constitutional reforms. Also, since the hindrances of political warlordism and the bondage of citizens to their political leaders have always been present, one possible solution for the rampant political warlordism in Mindanao (and other parts of the country, for that matter) is the complete disarmament of these warlords, regardless of their positions in government, or their connections to the present administration. The government cannot afford to give special treatment in such situations, and a show of strong political will is important to ensure that everyone is equal under the law of the land. Also, most importantly, proper implementation of rules and programs would not be possible if there are loopholes which exist in the law itself. Rules of engagement should be welldefined in order to avoid unnecessary armed conflict which could lead to casualties. Constitutional reforms—especially those regarding territory and management of institutions in the ARMM—should be reviewed and assessed more closely to straighten out conflicting statements and provisions. As for the challenge of public administration and proper implementation of laws, it must be understood that implementation work does not all depend on one particular sector of the government. These laws and programs are interconnected; most of the time, they require more than one branch of the government for smooth accomplishment of specific goals. Most of these laws and programs look good on paper, but they often do not work in the ways they should because of lack of cohesion in the government sector. Objectives would remain empty words as long as only a few are willing to work for it; visions could more easily be realized if the people could see them and work together towards the common goal of peace and progress. Economic Sector Although the Communist struggle and the Mindanao issue are different in substance, ideology and framework, there are problems which overlap between them—especially the allencompassing major problems of poverty and unemployment. Civilians trapped in conflict 179

Democratic Deficits in the Philippines: What is to be Done? zones suffer in poverty and fear, and many innocent lives are taken in skirmishes between the military and the rebels. True enough, Mindanao is a land of contrasts. Although famous for marine and land biodiversity and richness of its natural resources, it could still well be considered the poorest region in the Philippines. Amidst the beauty of its surroundings, a peaceful environment continues to be elusive and people are in for a bleak future if no drastic measures to remedy the peace situation are taken. Various scholars have proposed an array of solutions and recommendations regarding the peace situation in Mindanao, yet, a lot has to be done to really reduce conflict situations and strengthen the peace process. The Joint Needs Assessment for Reconstruction and Development of Conflict-Affected Areas in Mindanao study done by the World Bank appears to have the most feasible propositions and comprehensive solutions regarding the issues. They have divided their proposed solutions into three headings: the Immediate Term, which, as they propose, will serve as ―confidence and trust-building measures‖406 and are ―immediately doable and highly visible projects…[which] will yield quick ‗peace dividends‘ to the community.‖407 This includes ―food aid, construction of core shelters, provision of farm and fishery materials and equipment, rehabilitation of damaged health and educational facilities, and immunization of infants and children.‖408 The second heading, called ―Short Term‖ projects, are ―meant to consolidate gains from the initial round of engagement with the conflict areas.‖409 This includes ―educational assistance to out-of-school youth, rehabilitation of access tracks, small bridges and irrigation facilities, capacity-building for various local institutions and farm and non-farm livelihood projects.‖410 The last is the ―Medium Term‖ heading, wherein plans such as feasibility studies for large-scale agribusiness projects are recommended ―to bring the conflict areas to the path of sustained growth and recovery.‖411 This particular phase will be linked closely with the longterm development goals of the government and the private sector in that area. These propositions made by the World Bank, if done efficiently and in proper terms with both the government and the private sector, may very well lead to the progress of the Mindanao region. Not only that, the framework could also be used for other underdeveloped areas plagued by insurgencies left and right. With all the overwhelming challenges that face the government, it is only right to accept that the government cannot do everything on its own without the participation of civil society and the private sector. Thus, what could make up for the many deficits of the government is closer ties among the private sector, civil society and the government. 180

Democratic Deficits in the Philippines: What is to be Done? Social Sector As Nuñez discussed in her book, one of the roots of the Mindanao conflict is the lack of cultural pluralism. Thus, to fulfill the dream of a ‗society that helps the different peoples in Mindanao gain confidence in achieving self-realization,‘412 one must also bear in mind the importance of addressing social issues. One possible avenue for realization is the development of inter-faith dialogues to further discuss and understand issues which plague both the Muslim and Christian peoples in Mindanao. These confidence-building measures could help produce ideas to develop conditions to decrease animosity against each other. The enhancement of the Madrasah educational system for Muslim children is also a tool in mitigating the Muslims‘ perceived discrepancy between what they desire and what they can achieve in reality. According to former Education secretary Jesli Lapuz, enhancing the Madrasah program could "positively contribute to the ongoing peace process, make the public education system more intensive and seek to improve the quality of life of Muslim school children through education.‖413 Finally, the involvement of children in conflict zones, is a major problem in Mindanao and in provinces teeming with CPP-NPA forces. This is mostly due to poverty, lack of education and opportunity, and family influence. The exploitation of children by employing them as workers or child soldiers is punishable by law, however, there are still many instances where children are involved in conflicts, and more often than not, they become casualties. Thus, according to Dr. Elizabeth Protacio, former head of the International Committee of the Red Cross (ICRC), the minimum conditions of: (1) safe environment; (2) secure economic base; (3) community resilience enhanced by traditional support networks; (4) mechanisms for protection, including the monitoring of human rights violations and the enforcement of laws,414 would be able to help child soldiers to recover and be socially reintegrated. Also, therapy and counseling would make it easier for the children to overcome the trauma and stress they have gone through. Recap of “What is to be done?” Political Sector    Improve on governance and efficiency in delivering social services to the people; proper implementation of rules and programs to render the best service possible Study the pros and cons of federalism—will it be a better solution to the Mindanao issues, or will it exacerbate differences and problems between the central government and local units? Revise and strengthen loophole-riddled laws to decrease so-called ‗structural weaknesses‘ brought about by outdated and compromised legal and justice system. This includes constitutional reforms and further definition and clarification of rules of engagement.

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Democratic Deficits in the Philippines: What is to be Done?   Implement the complete disarmament of warlords and remove private armies from service to political families in Mindanao and across the country Enhance connections within the government agencies involved in delivering goods and services to the public, and develop an orderly, more efficient system of networks between the government, civil society and the private sector

Economic Sector Immediate Term (1-2 years)      Deliver food aid Construct core shelters for displaced individuals and families Provide farm and fishery materials and equipment Rehabilitate damaged health and educational facilities Develop health programs dedicated to the care of infants and children

Short Term (3-4 years)     Provide educational assistance to out-of-school youth Rehabilitate access tracks, small bridges and irrigation facilities, Develop projects for capacity-building for various local institutions Implement farm and non-farm livelihood projects.

Medium Term (5-6 years)   Draft feasibility studies for agricultural development and agribusiness prospects Make and strengthen partnerships between the government and private sector to push for the development of small and large-scale agricultural businesses

Social Sector    Develop inter-faith dialogues as confidence-building measures to further discuss and understand issues which plague both the Muslim and Christian peoples in Mindanao Enhance the Madrasah educational system to cater to the intellectual and social needs of Muslim children Decrease and eventually abolish the presence of children involved in conflicts by safeguarding their rights to life and education, and providing rehabilitation services for children who had gone through episodes of being involved in conflict areas.

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Democratic Deficits in the Philippines: What is to be Done? B. A poorly fed individual who could not meet the standards of the Recommended Daily Allowance of required vitamins and minerals is more likely to get sick. Domestic agricultural productivity is further hampered by instability in governance. and those with conflict areas like the Philippines. There are already about 854 million people in the world who are hungry and undernourished. food buffer stocks in the country are diminishing. but now. Food Security Overview of the Situation With a growing population. Also.419 However. handling and transportation of livestock and fish is hampered due to poor physical infrastructure and lack of methods to preserve the meat and fish for consumption in the markets. and definitely. and poor health.416 This is alarming. the first order of the day that a government should push for is to put food on the table of every household. We used to keep a food buffer stock of 90 days. this is not happening only in the Philippines. With the soaring food prices. These rising food prices could bring about unrest and political stability. 24 percent in 2007 and 51 percent in 2008. the Philippines is not exempted.000 children all over the world who die of hunger and malnutrition. Another example is Haiti where problems were further compounded by the January 2010 earthquake. it has gone down to just 30 days. especially because this means that poor countries will be paying 40 percent more in their food import bills.415 True enough. thus. this is happening globally. especially in countries where political and social institutions are fragile. As the Food and Agriculture Organization (FAO) keeps a world food price index. Higher incidence of sicknesses brought about by poor handling of agricultural produce is also a challenge. an even higher poverty incidence. which is exacerbated by inadequate financial resources for goods of major importance for the 183 .418 Challenges to Food Security Food shortages automatically lead to higher mortality rates. food security is one of the major problems of the world. Everyday. there are more or less 10. it could be seen that the whole range of commodities has risen by 9 percent in 2006. this means that more people will go under the poverty threshold—the United States Agency for International Development (USAID) projects that 133 million people will be under the poverty line. This is due to numerous pesticides and chemical fertilizers used to either combat pests or speed up crop growth and increase crop yield. there will be a strain on his labor productivity.417 Further.

The League of Municipalities has also conducted a campaign dubbed ―Kung Maliit ang Pamilya. serves close to 330. The significant dependence on the importation of rice from our neighboring countries by the Philippines is a major challenge.4 billion.424 Also. 3. Loans.420 A large population also constrains the capacity of the government to develop efficient and effective programs for agricultural development. This is to improve commodity flow and marketing of agricultural products to maximize economic potentials. numerous programs addressing food shortages are already being implemented. distribution of poultry. Kayang-kaya‖ to encourage families to achieve a manageable family size. Programs promoting good nutrition on the other hand. Irrigation. based on each and every FIELDS component.423 The FIELDS program of the Department of Agriculture (DA)—which stands for Fertilizers. The Food-for-School Program (FSP). Current Government Projects and Responses421 In the current Arroyo administration. a project that provides low-priced but good quality rice and instant noodles to low income families through an accredited store. a food subsidy program that provides a daily ration of one kilo of rice to hungry families through children in Grade 1. according to the website of the DA. they said it will give ―priority to areas where local governments are willing to provide counterpart funding for farm-friendly programs and to 184 . continue to be implemented in all provinces of the country. 2. The Tindahan Natin. livestock and fingerlings is being implemented in 38 of the 49 FIVIMS/AHMP provinces.Democratic Deficits in the Philippines: What is to be Done? population. pre-school and day care centres and one of the immediate stop-gap measures to mitigate hunger among poor families. Driers and Seeds—was one of the major programs of the administration to address food shortages. while programs that support population management cover 28 provinces.000 poor families in NCR. especially with the fact that rice is the staple food of the Filipinos—thus it is imperative that we improve on rice productivity. Extension. The Gulayan ng Masa Program. is now implemented in priority municipalities within FIVIMS/AHMP422 provinces and all villages in the National Capital Region. Some of them include: 1. Agriculture Secretary Arthur Yap said these priority areas for government funding or intervention support will be divided under the twotiered system. small ruminants. a component of AHMP which promotes integrated backyard gardening in rural communities through training and provision of seeds and planting materials. Water transport facilities such as ports and wharf facilities have also been constructed in 33 of the 49 FIVIMS provinces costing about P1.

‖425 The National Commission on Indigenous Peoples (NCIP).8 metric tons (MT). Adjusting trade and tax policies. especially in increasing smallholder farmer food production. 2. ―We conceptualized a project on food for security with indigenous cultural communities (ICCs). including Kuok and San Miguel Corporation. Department of Agrarian Reform. Increasing smallholder farmer food production. a minimum set of options has been provided for guidance to the government: 1. Enhancing emergency food assistance nutrition interventions and safety nets. under the leadership of former Chairman Atty. veterinary drugs/services and small pumps.427 The Philippines has already been a recipient of aid from the World Food Programme (WFP) and the FAO. According to Insigne. 185 . Insigne.‖ Yap stressed that ―the counterpart funds provided by local governments will help offset the impact of the financial crisis by generating economic activities and creating more jobs in the countryside…greater investments in the sector will induce greater economic activity. In fact. feeds. The development of 1 million hectares of ancestral land through a multi-stakeholder approach is envisioned to benefit the country.600 clusters spread out in 48 provinces across the country where per-hectare yields are below the national average of 3. and 4. 3. together with the involvement of government agencies like the Department of Agriculture. fertilizer. which will. Immediate supply of seeds. each country has to develop measures that could increase food supply. in turn. and private companies. and Department of Environment and Natural Resources. Eugenio A.‖ He hopes that the project can be replicated in other areas and benefit the entire country. This includes the following: 1. or 76 cavans per hectare. conceptualized and initiated a ―food for security‖ program to show how ancestral lands can contribute to the country‘s food security through agricultural projects. and making them more accessible to all.Democratic Deficits in the Philippines: What is to be Done? the 2. Managing macro-economic implications.‖426 What is to be done? To achieve food self-sufficiency and alleviate the challenges of food security. Department of National Defense. The UN has come up with short-term approaches that immediately address the needs of populations. or promote economic development and eventually increase the purchasing power of the people. rev up the rural economy and create more jobs in the countryside at a time when the global financial flu is expected by international experts to get worse in the year ahead before it gets any better.

and 4. transparent and private-sector led markets for food produce and quality inputs. Improve enabling policy framework. Reduce post-harvest crop losses and community-based food stocks. Ensure secure access to and better management of natural resources. there is still a large number of rural agricultural families who have not yet attained the goal of self-sufficiency. 3. 4. One major recommendation is the implementation of genuine agrarian reform programs which do not patronize selected sectors of society. 3. Remove barriers to domestic trade.428 In the long term. storage facilities. albeit it would be a major challenge to our leaders as to what needs to be done. Stimulate public-private investment in agriculture. An equal and fair agreement between farmer-tenants and landlords should be reached through peaceful consultations and conversations between the two parties. farm to market roads. This has been a promise of almost every administration. As the need might arise for a revision of the current agrarian reform program. 7. for sustainable food production growth. yet. lawmakers must take to heart the needs of the greater population of the Philippines and not to cater only to a select few. 186 .429 Achieving self-sufficiency in agricultural production is possible in the Philippines. Improve rural infrastructure. water and biodiversity. 6.Democratic Deficits in the Philippines: What is to be Done? 2. the UN gives eight points to guide the government: 1. Remove constraints to domestic trade to link small farmers to markets. including land. Strengthen access of smallholders and other food chain actors to financial and risk management instruments. Support development of producer organizations. rehabilitate small-scale irrigation. 2. and 8. 5. Ensure sustained access to competitive. Another step in attaining self-sufficiency is to provide farmers in rural communities with better access to equipment. Invest in agricultural research. facilities and other agricultural supplies until they achieve selfsufficiency in producing their own crops for their own families. soil conservation by cash or food for work.

The strengthening of physical infrastructure. and integrated pest management another 10%. threshers. coupled with the proposal to impose a ceiling on the retail price of rice (for example PhP33. Agriculture solves the problem of food shortage. i. but also for the entire Philippines. especially those crops that need fast drying. Higher yield from the fisheries sector would lower prices for protein-rich fish which could be used as substitutes for meat and poultry products. Definitely. ‗the concentration should be on agriculture. Improving on aquaculture technology could be an answer to food shortage problems. Proper population management and improving education are two of the most basic longterm recommendations to address food shortages. On the other hand. mechanization 5%. a more maintained. educated population would yield higher income rates and higher labor productivity. public sector partnerships with the private sector and NGOs in research will definitely help in the promotion of agricultural development. dryers and other equipment would greatly reduce the time needed to do these things manually. Extension brings in about 15% 187 . peace-building processes in Mindanao will further ensure food security. True enough. and optimizing soil usage through alternate cropping. technology 25%.e.Democratic Deficits in the Philippines: What is to be Done? There is a need to study the proposal of some quarters to transform the National Food Authority into a postharvest service institution. as Amado Macasaet asserts. ―Irrigation raises productivity by 25%. It could also help decrease the incidence of spoilage. thereby increasing the profit margin for farmers. This is because Mindanao is home to a large agricultural base and has rich natural resources. increasing nutrient content of products. seeds 10%. This will help rice farmers realize profit (in relation to the cost of farm inputs) and make them more self-sufficient and increase their productivity. In addition. Provision of corn and rice mills. which could easily cause shortage and increase poverty incidence. which could be devoted to scholarly and leisurely activities for the women and children in rural areas. A few suggestions to increase productivity include finding ways to prolong shelf-life of products while not using expensive and harmful fertilizers and pesticides. Also. provision of lower-cost agriculture and aquaculture-based tertiary education programs for the children of farmers who wish to continue managing their own farms should be provided to increase the number of youth who would opt to be farmers and agribusiness people. As the Department of Agriculture explains.‖430 Improving agricultural technology is a step in solving the challenges of food security. Agriculture is the foundation of the growth of the industry.00) instead of on the farm gate price (which is a lot lower) and help farmers to sell rice directly to consumers at that retail price. building more quality farm-to-market roads and better irrigation systems would also be needed to increase productivity. A higher rate of population growth means more mouths to feed. not only in that particular region.

including land. storage facilities. soil conservation by cash or food for work Reduce post-harvest crop losses and community-based food stocks Remove constraints to domestic trade to link small farmers to markets     Medium to Long Term (5-7 years)         Improve enabling policy framework Stimulate public-private investment in agriculture Ensure secure access to and better management of natural resources. and making them more accessible to all Increasing smallholder farmer food production Adjusting trade and tax policies Managing macro-economic implications Provide immediate supply of seeds. water and biodiversity Invest in agricultural research Improve rural infrastructure Ensure sustained access to competitive. coupled with the proposal to impose a ceiling on the retail price of rice (for example PhP33. which we cannot control. transparent and private-sector led markets for food produce and quality inputs Support development of producer organizations Strengthen access of smallholders and other food chain actors to financial and risk management instruments 188 . fertilizer. we must be able to optimize utilizing these factors to our advantage. farm-to-market roads. and the environment. it is also only right to say that in the areas that we can control and handle.Democratic Deficits in the Philippines: What is to be Done? in productivity. feeds.00) instead of on the farm gate price (which is a lot lower) and help farmers to sell rice directly to consumers at that retail price Remove barriers to domestic trade Rehabilitate small-scale irrigation.‖431 Therefore. Recap of “What is to be done?” Immediate Term:      Enhancing emergency food assistance nutrition interventions and safety nets. veterinary drugs/services and small pumps to those in need Short Term:  Study the proposal to transform the National Food Authority into a postharvest service institution. affects productivity by around 20%.

which will further ensure food security.e. i. not only in that particular region. facilities and other agricultural supplies until they achieve self-sufficiency in producing their own crops for their own families Speed up peace-building processes in Mindanao. building more quality farm-to-market roads and better irrigation systems Improve on agricultural technology—this includes finding ways to prolong shelf-life of products while not using expensive and harmful fertilizers and pesticides. but also for the whole Philippines Secure public sector partnerships with the private sector and NGOs in research i9n order to help in the promotion of agricultural development Proper population management and improving education are two of the most basic long-term recommendations to address food shortages Strengthen physical infrastructure. and optimizing soil usage through alternate cropping Improve on aquaculture technology—higher yield from the fisheries sector would lower prices for protein-rich fish which could be used as substitutes for meat and poultry products       189 . increasing nutrient content of products.Democratic Deficits in the Philippines: What is to be Done?   Implement genuine agrarian reform programs which do not patronize selected sectors of society Provide farmers in rural communities with better access to equipment.

Corruption/Rule of Law and Justice Reform. legislative branch and judiciary—because reforms can only be carried out effectively with all three branches cooperating and coordinating. But. Good housekeeping should be the first priority for the new leadership to be effective in implementing all other reforms. within the next five years the new leadership needs to focus on certain urgent tasks that correspond to the most critical democratic deficits. The work to eliminate a substantial part of our democratic deficits within the six-year term of our national leaders will require focusing on a list of priorities. has anything changed? Nothing has changed because the political party system is still not composed of party members who will toe the party line and who will collectively embody the wishes in legislation of what they promised the people individually. Many have exclaimed. how this first automation of the counting of the votes has radically changed the political environment. in the following order of priority: 1. Lakas Kampi. We await as the three branches of government endeavor to cooperate and deal with our democratic deficits in the areas of education. the national 2010 elections has just drawn to a close just awaiting the proclamation of the President and the Vice President. sisters. there were more ―families‖ who were elected. insurgencies. We believe that the most urgent tasks for the new leadership in order to lay down the groundwork for economic development are as follows.‖ we are referring to the new leadership in the three branches of government—the executive branch. So. When we speak of the ―new leadership. Already. is already in danger of disintegrating as many of its elected members are reported to be not too keen to support the Speakership of the former President Gloria Macapagal-Arroyo. rule of law and justice reform. some horse trading in terms of choice committee chairmanship and membership are doing the rounds. sons. The 100 seats garnered by the administration party. health. did we see a lessening of the political dynasties this election? Alas. While most of the recommendations presented herein per issue area can actually be carried out by the concerned Cabinet secretaries and their respective departments.Democratic Deficits in the Philippines: What is to be Done? CONCLUSION As we finished writing this book. daughters. environment. The democratic deficit on the level playing field for those who wish to be voted upon is indeed widening and deepening. population. sons in law and the like who were elected at this time than in the previous election. We await a legislature who has the political commitment not only to further reform the electoral system but legislate on the constitutional provision on a ban on political dynasties. corruption. more wives. AFP/PNP reform. food security and many others that we have not covered in this study. even euphorically. public-private sector partnership. Indeed. has it really changed? The political party system is still broken. Will shifting to a parliamentary system compel party loyalty and a cessation to party switching? And. We await a national government that will work in synchronicity with local government units toward resolving governance issues. we are still a long way to go in terms of political party reform. 190 .

5. and eventually. agencies and institutions who believe that something can be done to eliminate our democratic deficits and bring the Sick Man of Asia on his way to recovery. Democratic deficits are the broken promises of political leaders. 191 . The new leadership must ensure that a reconfiguration of the political party system as well as the pursuit of electoral reform will be carried out to pave the way for principled and party-based leadership.Democratic Deficits in the Philippines: What is to be Done? Achieving respect for the rule of law and undertaking reforms in the justice system are very much closely related to eradicating corruption and inefficiency in the three branches of government. Development can only be pursued if there is a sound working relationship between the government and the private sector. where vast potentials for development remain untapped. 2. Only by ensuring that our democratic institutions are capable and up to par in coping with our democratic deficits can we be assured of an opportunity to reduce or abolish these deficits. Local-National Government Relations. Peace is a pre-requisite to development. or simply our unwillingness to devise ways and means for our communities to have a fighting chance. the apathy and procrastination of our people. if not impossible to bring development to those areas. the alienation of the marginalized sectors of our society. the apparent incorrigibility of some officials and rank-and-file government workers. but still hopeful of what can be. and to the country as a whole. in contrast to purely personality-based leadership that we have now. embark full throttle towards progress together with his Asian neighbors in the 21st century. Insurgencies. Implementing policy for development and basic services must be carried out consistently at various levels of governance down to the smallest political unit which is the barangay. although not pleasant. The recommendations contained herein are the result of the cumulative efforts of the various individuals. 3. We hope that we have presented you an overall picture of what has been. Unless there is peace in the various regions. 4. the failure of our institutions. Democratic deficits are the consequences of our failures as a people to cope with the challenges of development as we confront them everyday. Political Parties/Electoral Reform. Public-Private Sector Partnership. it is very difficult. Have we grown so numb and insensitive to the ills of our society such that what other countries perceive as deficits. especially in Mindanao. we merely regard as inconveniences that we can live with day in and day out? Only by dealing with each of these democratic deficits in a holistic manner do we have any hope of rising above our own failures as a people.

(New York: Macmillan. 2. 2003. states that political parties evolved from groups or associations outside the parliament. parliamentary groups were initially local groups with no political doctrine to guide their programs. A slightly divergent view of political parties is shared by M. a noted political scientist.. Labor groups and socialist organizations or the so called parliament of the streets are examples of these groups. ―Political Parties and social movements. according to him. Duverger describes the establishment of parliamentary groups. The problem. ― The electoral system and political parties in the Philippines‖ in Raul de Guzman and Mila Reforma (eds). Thus.e. vol. They are as follows: 1. 2010. 5 Randolph David. 1972). primarily in the form of votes See Robert Bone.6. these groups are formed due to the geographical proximity of parliamentary members or the common desire of these members to defend their profession. It attracts as much popular support as possible. It has an organizational structure with lines of authority and power distribution. 1902). p. ( Singapore: Oxford UP. 4 Luzviminda Tangcangco. namely. not simply to influence the exercise of power. 6 Quoted in Paul Hutchroft and Joel Rocamora. p. Action and Organization: An Introduction to Contemporary Political Science. political parties become threats to democracy. 3.  Self conscious determination of leaders of both national and local levels to capture and hold decision making power alone or in coalition with others. 192 . provides us the most comprehensive listing of the functions of political parties as follows:  Representation and brokerage: This means the expression and articulation of interest within the party and through the party. small group of notables to plebiscitarian democracy. p. See Joseph LaPalombara and Myron Weiner. these groups became ideological groups. becoming subservient to it. 1988). according to him.I. Ostrogorki. Later on. (New York: Harper and Row. on the other hand. the electoral parliamentary origin and the extra parliamentary origin of parties. It offers candidates for elective offices on the basis of party programme of principles and goals it wants realized and.I. The extra parliamentary origin of parties. pp. 3 Joseph La Palombara and Myron Weiner define political parties as having the following salient features:  Continuity in organization.Democratic Deficits in the Philippines: What is to be Done? END NOTES 1 How did political parties evolve? Max Weber and Maurice Duverger are the proponents of the Institutional theory which states that political parties evolved from aristocratic cliques. Thus. is that political organizations superimpose its control over an indifferent citizenry while government leaders are dependent of the party for election. to Ostrogorki. 3. Ostrogorki who suggested that party organizations rose from the needs of an expanding electorate to serve as a linkage between the mass and political leadership. See M. Usually. 1966). 8. 15 and 20.87. 263. (Princeton: Princeton University Press. What are the functions of political parties? Roy Macridis.‖ Philippine Daily Inquirer. Democracy in the Organization of Political Parties. 2 Political parties are supposed to have 3 basic characteristics according to Robert Bone. Duverger claims that the evolution of political parties is related to the evolution of national parliaments and the growth of the size of the electorate. He cited two origins of the political parties. Political Parties and Political Development. an organization whose expected lifespan is not dependent on the lifespan of the current leaders. Of the former. The major function of the party is to provide a direct political vehicle to the interests it represent. 7 Democratic deficits of political parties may be evaluated against their functions. Parties also. 14. electoral committees and creation of a permanent connection between the two. April 17. Government and Politics of the Philippines. 1966). thereby.  A concern on the part of the organization for seeking followers of the polls See Joseph LaPalombara and Myron Weiner. 94.‖ Journal of East Asian Studies. emerge in the midst of political and economic demands emanating from industrial revolution and the extension of the suffrage beyond the citizen‘s capacity to muster. ―Strong demands and weak institutions: the origins and evolution of democratic deficit in the Philippines. i.  Manifest and presumably permanent organizations at and other relationships between local and national units. p. (Princeton: Princeton University Press. Political Parties and Political Development.

2009. Background Note on the Justice Sector of the Philippines. into the system. Political Parties: Contemporary trends and ideas. 1-30. p.. ignorant. Participation mean that through the party. 217. 18. 19 ADB Country Governance Assessment: Philippines. either because they were apathetic. 2009. (Mandaluyong City: Asian Development Bank. a medium of expression of interest and participation in deliberation and choice of policies and leaders is open to all. 1997). 101-102. Davide. Wiley. exposure to the public.  That there is a real correspondence between totalitarian regime and single party systems.  Integration (participation. at the Rizal Ballroom of the Makati Shangri-la Hotel. held on November 28-30. Roy Macridis. 1994). Panganiban. Jr.E. socialization and mobilization): These are variants of integration. Socialization is the process through which a set of norms about a political system is transmitted to the younger people. 14 Asian Development Bank. Panganiban. 9 ―Congress won‘t end reign of political dynasties. performance of governmental legislative and other functions by party members and most importantly. 2008). imposes sanctions upon its members and non-members alike. Mr. (New York. 18 Annual Report 2008 (Annual Report of the Supreme Court of the Philippines) (Manila:Supreme Court Public Information Office. alienated. Hilario G.. Carlos.  Policy Formation: It may refer to the process in which party members create major decision on the basis of the demands of the electorate. chairperson of the Third Division of the Philippine Supreme Court during the Third Plenary Session of the International Conference and Showcase on Judicial Reforms. and Asian Development Bank. 11 Philippine Statement by H. controls the fate of other associations and parties and endeavors to exact obedience and to fashion the minds and loyalties of adherents that does not allow for opposition. 217-227. Permanent Representative of the Republic of the Philippines to the United Nations.‖ Philippine Daily Inquirer. 8 Clarita R. 2009. See Maurice Duverger. 2-3.‖ n. p. pp. New York.  That the simple majority system with a second ballot or proportional representation favors multiparty system.‖ Paper delivered by Justice Artemio V. on Rule of Law Support and Advancement: The Philippine Experience.  Recruitment and choice of leaders: This refers to the training and preparation for leadership. p. 16-17. through the government directly or indirectly. 12 Justice Artemio V. 91-92. April 26. 1st place winner of the Essay Writing Contest on the Rule of Law sponsored by the Supreme Court in 2007. Dynamics of Political Parties in the Philippines. as follows:  That the simple majority system or plurality single ballot system favors the two party system. 2005. (Manila: Ateneo de Manila UP. 13 See Elai. Background Note on the Justice Sector of the Philippines. p. Background Note on the Justice Sector of the Philippines. 1967). to inculcate interest and secure mass support. 193 .Democratic Deficits in the Philippines: What is to be Done?  Conversion and aggregation: This function is a variant of representation and brokerage which means the transformation of interests and demands into policy and decision.  Persuasion: This refers to those party activities geared to the development and presentation of policy suggestions to gain widespread support. (New York: Harper and Row. (Manila: Konrad Adenauer Foundation. Justice Panganiban was the chairperson of the Conference. pp. pp. winning elections. 1963). pp. 2005). 32. 15 Asian Development Bank. 2010. 10 Alfred McCoy.  Control of government: This means the actual function of legislating and governing and the constant effort of the party to control the government and its activities.  Repression: The party. delivered on 20 April 2009 at the Helmsley Hotel. ―Ensuring the Success of the Philippine Judicial Reform Program. 58. Mobilization is the attempt of the party to bring rapidly large numbers of people who formerly stood outside the system. 17 Ibid. pp. p. ―Rule of Law: The Lamp that Illuminates. Some hypotheses have been proferred by Maurice Duverger on political parties. 16 As cited in Asian Development Bank. Background Note on the Justice Sector of the Philippines.  Deliberation: This refers to the process in which party members come to agreement about major objectives. pp. 2009. indifferent or simply afraid.d. 518.  That there is a real correspondence between democracy and multipartism. PoliticalParties. An Anarchy of Families: State and family in the Philippines.

Mandaluyong City: Asian Development Bank. 25-45. 59-90. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. (Metro Manila: National Judicial Institute. 37 For a more detailed discussion of CAM and JDR. on RULE OF LAW SUPPORT AND ADVANCEMENT: The Philippine Experience. see Ameurfina Melencio Herrera. p. Salvador S. Torres. Mercado and Damcelle S..ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justicecorona-preserve-integrity-of-the-high-court/ 25 The five (5) pillars of the justice system. Panganiban. For more information on the impact of the Barangay Justice System. See also Maria Roda L. Metro Manila: National Judicial Institute. Philippines. February 2008). See also various mediation stories in Most Significant Technique in Mediation Series. Inc. 4-9. pp.. 23 Justice Artemio V. Carolyn A. p. judiciary.Democratic Deficits in the Philippines: What is to be Done? 20 21 Marites Danguilan Vitug. ―Court Annexed Mediation(CAM)-Making it Work: The Philippine Experience. Study supported by the United Nations Development Program (UNDP) and the Supreme Court of the Philippines. 2008. 4-5 to 4-6. Cisnero. 33 Ibid. 36 ADB Country Governance Assessment: Philippines. 2008 at http://attyatwork. Panganiban. November 29. pp. 2008). Jr. pp. DAVIDE. 34 Ibid. retired Justice of the Supreme Court. 2008. A publication of the Justice Reform Initiatives Support (JURIS) Project supported by the Canadian International Development Agency (CIDA). New York. 32 Ibid. at the Rizal Ballroom of the Makati Shangri-la Hotel.E. pp. pp. (Metro Manila: Justice Reform Initiatives Support [JURIS] Project.. p.‖ A Presentation by Justice Ameurfina A. The lawyer‘s Perspective on ADR in the Courts and its Implication on the Profession. see ―JURIS Project: Supreme Court promotes mediation and alternative dispute resolution mechanisms... 2005.‖ May 14. Metro Manila: National Judicial Institute. Parallel Session C. p. Gender. 2010.. 4-6.‖ in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. Justice Panganiban was the chairperson of the Conference. 45-58. 2005. March 2006. Rights and Justice. 30 Ibid. 4-8. Inc.‖ posted on July 2. Mandaluyong City: Asian Development Bank. 4-7. ―Impact of the Barangay Justice System on Decongesting Court Dockets and Broadening Access to Justice: Looking Back and Forward. delivered on 20 April 2009 at the Helmsley Hotel. held on November 28-30. are the following: law enforcement. Panga. JR. 106107. pp. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. p.. 28 Ibid. 4-9. 91-128. 27 Ibid. 26 CPRM Consultants. chairperson of the Third Division of the Philippine Supreme Court during the Third Plenary Session of the International Conference and Showcase on Judicial Reforms. 2005. p. 22 Ibid. cit. Philippine Statement by H. 4-2. corrections and community. as used in various studies.. Traversing Boundaries and the No-Man‘s Land: On Mediation.. see Alfredo F. 35 This list was culled from ADB Country Governance Assessment: Philippines.com/juris-projectsupreme-court-promotes-mediation-and-alternative-dispute-resolution-mechanisms/ See also related articles in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. pp. prosecution. Permanent Representative of the Republic of the Philippines to the United Nations. op. HILARIO G.. March 2006. pp.. 194 . Available online from http://balita. 1-23. p. 129-158. Tadiar. Melencio Herrera. Imelda Gidor. Court Annexed Mediation: Summing Up the Past and Charting the Future. 4-8. 224-225. and Chancellor of the Philippine Judicial Academy. p. at the Makati Shangri-La. 31 Ibid. 29 Ibid. 38 CPRM Consultants. pp. 93-94. ―Ensuring the Success of the Philippine Judicial Reform Program. Mr. 4-10. 2005. at the International Conference and Showcase on Judicial Reforms.. ―Rediscovering Olden Pathways and Vanishing Trails to Justice and Peace: Indigenous Modes of Dispute Resolution and Indigneous Justice Systems.‖ Paper delivered by Justice Artemio V. For summary of accomplishments of the JURIS Project.‖ in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. 24 ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court. and Eleanor Conda. Judicial Dispute Resolution (JDR) as an Innovative Mode of Dispute Resolution. pp.

except in cases that involve constitutional issues and if the matter involved is of extreme urgency. 55 Ibid.‖ Presented during the International Conference and Showcase on Judicial Reforms held at the Shangri-la Hotel. pp.‖ Available online from http://apjr.. p.judiciary.. 2005. 2010. Inc. 59. 61 ADB Country Governance Assessment: Philippines. enforcement of prior order of release. pp. p. 99. Institutional Strengthening of the Shari’a Justice System (Phase 1). release pending hearing since detention period is already beyond the maximum penalty imposable. Pacoy. 1818. Mandaluyong City: Asian Development Bank. Inc. No. Shadow of Doubt: Probing the Supreme Court. Makati City. see chapter on ―Mortal Combat‖ in Marites Danguilan Vitug. p. ―The Justice on Wheels of the Philippines. Presidential Decree No. op. p. 53 CPRM Consultants. plea of guilty and sentencing.. Jackie C.. 107.A. ―Judiciary-wide Court Management Information System (CMIS) launched: Seen to Help Reduce Caseload and Delays. Inc. Mandaluyong City: Asian Development Bank. 56 Ibid. Final Report. op. 131-132. 45 Ibid.. 2010. Final Report. No. Inc. June 2004. diversion under R. Supported by the Supreme Court and the UNDP. See Atty.‖ JOAAG. p. 4-2. Quezon City: Public Trust Media Group Inc. 128. 66 The Project Management Office (PMO) of the Supreme Court handles and coordinates the Action Program for Judicial Reform. Philippines on 28-30 November 2005. 9344/referral to mediation. ―Justice on wheels goes to work in Manila.judiciary.ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justice-corona-preserveintegrity-of-the-high-court/ 42 ADB Country Governance Assessment: Philippines. 48 For a detailed account of this crisis. 61-85.gov. 57 ADB Country Governance Assessment: Philippines. Supported by the Supreme Court and the UNDP.P. 43 Cited in Marites Danguilan Vitug. 59 These recommendations were culled from CPRM Consultants. 60 These recommendations were culled from CPRM Consultants.ph/news_2007/news_aug2008_01. Institutional Strengthening of the Shari’a Justice System (Phase 1). 106. 41 ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court.html 40 For more details on how the ―Justice on Wheels‖ program was initially implemented. 65 CPRM Consultants. Institutional Strengthening of the Shari’a Justice System (Phase 1). 52 ADB Country Governance Assessment: Philippines. March 2006.. Final Report. Supported by the Supreme Court and the UNDP. 62 See Veronica A. Mandaluyong City: Asian Development Bank. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. 44 Cited in Marites Danguilan Vitug. Background Note on the Justice Sector of the Philippines. 54 Ibid. 2005.html 63 National Prosecution Service 64 Asian Development Bank. 4-3. 105106. 2005).. p. 50 Ibid. 47 Ibid. Vol. p. 2005.gov. Jimenez. pp. and referral for medical/psychological treatment. p. 117..‖ May 14. (Mandaluyong City: Asian Development Bank. June 2004. see Associate Justice Adolfo S. 2005. p.‖ Available online from http://apjr. 58 These recommendations were culled from CPRM Consultants. 2005. 1. p.ph/news_2007/news_aug2008_02. Mandaluyong City: Asian Development Bank. p.. p. Available online from http://balita. also prohibits the issuance of injunctive writs against government projects. cit. cit.. 67 E. 103104. Another law. 111. 46 ADB Country Governance Assessment: Philippines. 49 ADB Country Governance Assessment: Philippines. pp. p. 3. 195 . 51 The law states that only the Supreme Court can issue temporary restraining orders against national government infrastructure projects. pp.. p. Azcuna. June 2004. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. 4-5. 104. 132-135.. Mandaluyong City: Asian Development Bank. 4-4. March 2006. 2008. 107. Inc. ―Tracking Anti-Corruption Initiatives: Perceptions and Experiences in the Philippines. 2009.Democratic Deficits in the Philippines: What is to be Done? 39 The mobile court provides increased access to justice for those who may avail of: bail/recognizance. Saguisag. mittimus for transfer to Bureau of Correction/National Bilibid Prison. 104.

co. 2001.mb. Collective Action 101: Principles. 68 The main findings presented in the global survey are as follows: • Corruption in the private sector is a growing concern among the general public • Political parties and civil service groups are perceived to be the most corrupt sectors around the world • Petty bribery is reported to be growing in some parts of the world –with the police the most likely recipients of bribes. drawing on 13 different expert and business surveys. 73 Concept by Robert Klitgaard. the report offers the greatest country coverage todate at 73. Ordinario.bbc. See http://www. It is the only worldwide public opinion survey on views and experiences of corruption. ―Boncodin defends pork barrel. Note: Highest scorers in the 2009 CPI are New Zealand at 9.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 69 P. ―Integrity Initiative. TI explains that these scores reflect political stability. 80 Cai U. functioning public institutions. Larmour & N. Corruption and Anti-Corruption. 2007.pdf 71 Nicholas Nugent.ph/node/247016/corruption-wor 86 Ibid. 78 E. Office of the City Prosecutor of Manila. Available from http://opinion. long-established conflict of interest regulations. 84 Cited in Edgard Tordecillas. 79 According to Transparency International. Philippines. 87 This is prepared by The Heritage Foundation in cooperation with the Wall Street Journal. A Publication of the Capacity Development and Governance Division.stm 72 Cited in Joselito D. As a poll of the general public. Department of Justice.P. • Ordinary people do not feel empowered to speak out against corruption • Governments are considered to be ineffective in the fight against corruption – a view that has remained worryingly consistent in most countries over time.php/component/content/article/83-opinion-columnist/13430-we-have-blatant-andquiet-corruption See also ―RP is 4th most corrupt in Southeast Asia. 74 This was formerly known as Countrywide Development Fund (CDF). both comprised of domestic and foreign debt. Regional and Sustainable Development Department of Asian Development Bank. 10.uk/2/hi/asia-pacific/1057716.treasury.4. it provides an indicator of how corruption is affecting individuals on a national level and how efforts to curb corruption around the world are viewed on the ground. a country receiving a score of zero is perceived to be highly corrupt. p.132 respondents from 69 countries. Elements and Approaches. 70 This consists of the National Government Debt and the National Government Debt Service. Controlling Corruption.‖ Business Review. Department of Agriculture (DA). 2010. March 10.‖ Manila Bulletin. 83 Ibid. According to Tordecillas. Casayuran. May 8.3. 76 Ibid.P. Wolanin (eds).‖ in The Governance Brief. Land Transportation Office (LTO) and the Philippine National Police (PNP). and Switzerland at 9. ―High cost of Corruption in Philippines. 82 Ibid. (Berkeley: University of California Press. cit. op.2.‖ Philippine Daily Inquirer.com. 2010. 196 .0. 77 The four government agencies arethe Department of Agrarian Reform (DAR). and solid.‖ available online from http://www.‖ Obejas is Prosecutor III.Democratic Deficits in the Philippines: What is to be Done? ―Curbing Corruption. Manila. Asia Pacific School of Economics and Management & Australian Institute of Criminology. 75 Mario B.ederic. R.‖ BBC. 2010 available online from http://www. Edgardo Campos. December 6. The CPI measures the perceived levels of public-sector corruption in a given country and is a composite index. 85 ―We have blatant and quiet corruption. Cited in J. 1988). R. trails neighbors in Transparency International‘s corruption index. Available online from http://news.gov. Denmark at 9. ―Wiping Away the Footprints of Corruption in the Philippines. the index lists countries from the ―free‖ (80 points and higher) to the ―repressed‖ (below 50 points). February 2010. while a country scoring 10 in the index is perceived to have low levels of corruption. ―A Practical Approach to Combatting Corruption: The Value Chain Methodology. Singapore and Sweden tied at 9. Pacoy. Obejas.org/?p=10#more-10 81 Ibid.‖ Manila Bulletin.inquirer. Issue 16.manilatimes. (2nd Assistant City Prosecutor).ph/statdata/monthly/mo_debtindicator. available online at http://transparency. National Prosecution Service. 2000.net/index. Asia Pacific Press. With a maximum score of 100 points. January 31.

106 Vinay Bhargava. N.17. Casayuran. Dennis Gadil.‖ Philippine Daily Inquirer. The sample enterprises were drawn from five study areas: 200 in Metro Manila. Good (+30 to +49).‖ Masteral Dissertation. The forum was organized by The Asia Foundation. Domingo. pp.org. 228-229.‖ Philippine Daily Inquirer..‖ in Mapping the Future. sponsored by The Asia Foundation. 7. Kishor.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 108 Vinay Bhargava. (New York: The World Bank and Oxford University Press. p.Democratic Deficits in the Philippines: What is to be Done? Ronnel W. The Quality of Growth.. pp.. Neutral (-9 to +9). Kaufmann. The ratings of agencies' sincerity in fighting corruption were graded into Very Good (net +50 and above).14B lost in DA‘s ‗wasteful‘ operation. p. 104 Vicente T. 93 Ibid.. 2000). p. 107 ―Curbing Corruption. ―The banality of corruption‖ in his column ―Passion for Reason. ―Corruption pulls down RP freedom ranking.‖ Human Development Network Discussion Paper Series. 1993). The forum was organized by the International Center for Innovation. p. Anthonio F.tag. and 184 from randomly drawn Large Corporations. which together generate regularity in behavior and allow people to get on with everyday business. 97 Toby C. Trillanes IV. 101 Ibid. 7. informal constraints and enforcement characteristics. (Quezon City: Public Trust Media Group Inc. & Wang. Poor (-10 to -29). ―Combating Corruption in the Philippines. 105 Thomas.‖ U4 Expert Answer. Dhareshwar. Transformation. Opinion Section of the Philippine Daily Inquirer. 22-23. Bhargava was formerly Country Director of the World Bank for the Philippines. 96 Marites Danguilan Vitug. The study ―zeroed in on the civil service in its capacity as ‗repository of expertise and institutional memory and implementer of policy‘ and defined institutions as the incentive systems that structure human interaction . 197 . B4. in partnership with the AIM and with the support of the National Endowment for Democracy. 2010 at the AIM Conference Center in Makati City. 2008. The forum was held on January 30.d. 2009 using face-to-face interviews of 550 top and middle-level enterprise managers (error margin of ±4%). 2010 at the Asian Institute of Management (AIM) in Makati City. January 31.‖ 98 Ibid.‖ Malaya. 2010. 95 Farzana Nawaz and Alfred Bridi.inquirer. Social Weather Stations.. SWS is a member of the Transparency and Accountable Governance (www. p. Monsod. Transparency International. May 8. ―Overview of Corruption and Anti-Corruption in the Philippines. 94 LTSG. 5-6.. 100 each from Metro Cebu and Metro Davao. March 15.. ―The Philippine Bureacracy: Incentive structures and implications for performance. Available from http://opinion. 2010. Y. ―The main source of graft—Part II. 2010).d. M.Asian Institute of Management. cit. ―Boncodin defends pork barrel. Research funded by the United Nations Development Programs (UNDP). V. and Very Bad (-50 and below).‖ n.‖ Philippine Daily Inquirer. 366 of whom from randomly drawn Small and Medium Enterprises. B2. 99 As reported by Mario B. August 17. January 22. Bad (-30 to -49).‖ n. D. Dailami.ph) research and advocacy project. and Excellence in Governance (InciteGov).the formal rules. 4. Bhargava was formerly Country Director of the World Bank for the Philippines. 2010.. R. 2010. op. A. Shadow of Doubt: Probing the Supreme Court. López. ―Corruption in the Philippine Navy Procurement System.‖ Manila Bulletin. 100 Senator Leticia Ramos-Shahani. PHDR Issue 2008/2009 No. 90 Presented by Social Weather Stations President Mahar Mangahas at the "Forum on the SWS 2009 Surveys of Enterprises on Corruption and Anti-Corruption Strategies" on February 11. 2010. 2002. and 75 each from Cavite-Laguna-Batangas (CALABA) and Cagayan de Oro/Iligan City. and the Hills Program on Governance. January 29. Moral Imperatives of National Renewal: Readings on the Moral Recovery Program.et al.. The 2009 SWS Surveys of Enterprises on Corruption were conducted from November 3 -December 5. 89 Ibid. (Manila: Senate of the Philippines. Moderate (+10 to +29). 102 Raul Pangalangan. 103 Ibid. February 16. Changes were considered "notable" when the rating moved in a different grade. ―P7. 2010. ―Combating Corruption in the Philippines. pp. 88 91 92 Cited in Larmour and Wolanin. Villegas.

2010. Available online from http://globalnation. p.‖ Philippine Daily Inquirer. p. Available online from http://ph. 2007. 140 ADB Country Governance Assessment: Philippines.‖ 2002.com/gma/20100530/tph-cbcp-offers-masses-for-freedom-of-in-d6cd5cf. op. Asian Development Bank.‖ Philippine Daily Inquirer. op. cit.‖ 2002. 2010. etc al.. 131 Based on a recommendation made by LTSG.net/mindfeeds/mindfeeds/view/20071207-105462/The_Caricature_Coup___ Note: LTSG. 111 Ibid. p. May 8. 12. May 30.‖ in Analysis.org 121 Adrian Wood. Available from http://opinion.world-psi. p. ―Global Networking : The Caricature Coup. op. pp.. Anthonio Trillanes IV. B2. March 15. 115 Bhargaya. 2005.inquirer. 122 Vicente T. December 03. 127 Ibid. p. op. Available from http://opinion. 2010. May 8.inquirer.‖ in Mapping the Future. 522-523. 106-107. 123 Tordecillas. 135 Cited in Obejas. cit. 134 From Obejas. May 8. cit. Available online from http://opinion. ―Five year assessment of the implementation of the devolution in the Local Government Code‖ in Tapales.yahoo. Danny Lim and Col. 144 Philippine Center for Investigative Journalism.. Available from http://opinion. cit. Trillanes in his masteral dissertation entitled ―Corruption in the Philippine Navy Procurement System. 132 Bhargaya. 142 Amando Doronila. 119 Based on a recommendation made by LTSG. 136 Obejas. (Philippines: CORAsia. 128 ―CBCP offers masses for Freedom of Info bill.. cited in Tordecillas. 2010.. pp.inquirer. January 31.. September 4. ―Collective Action against corruption. 6.‖ Manila Bulletin. Opinion Section of the Philippine Daily Inquirer. 7.inquirer. 2009.‖ available online from http://www. p. Ariel Querubin likewise ran for the Senate in 2010 but had unsuccessful bids. cit. cit.Democratic Deficits in the Philippines: What is to be Done? ―Curbing Corruption. Local Government in the Philippines.dilg.pcij. cit. 1998). ran for the Senate and succeeded but remains incarcerated. 106-107. Gen. Villegas. 2007. p. 23. 13. ―Creating a Tidal Wave Against Corruption in the Philippines.html 129 ―Curbing Corruption.news.‖ GMANews.inquirer. 124 Ibid. pp.‖ INQUIRER. who was one of the leaders of the 2003 coup attempt.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 110 Ibid. 113 Ibid. op. 12-13.‖ Business Mirror. pp.net... 120 Donna Mcguire. December 7. p. 133 Ibid. 114 Monsod..‖ Available online from http://www.net/inquireropinion/columns/view/20071203104472/President_hostage_to_guns_of_gov%92t_troops 143 Ibid.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 117 Ibid. op. Casayuran. Vol II. op. op. cit.. Philippine Daily Inquirer. ―Integrity Initiative…‖. 112 Ibid.. ―Boncodin defends pork barrel. Inc. 118 Obejas. 125 Bhargaya. p. op.. 141 Rodel Rodis.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 130 Ibid.‖ Philippine Daily Inquirer. ―Analysis : President hostage to guns of gov‘t troops. 7. 107. 138 Figures are from the official website of the Department of the Interior and Local Government at http://www.html 109 198 . ―The main source of graft—Part II.org/stories/1999/ram2.ph/search/lce 139 Alex Brillantes. cit. op. cit. Trillanes in his masteral dissertation entitled ―Corruption in the Philippine Navy Procurement System. 2010. 137 Bhargaya. 126 Mario B.gov. 116 ―Curbing Corruption. ―Another coup is unlikely. 2010.TV. 8.

2010. Panganiban. 66. p..senate.‖ Senate of the Philippines 14th Congress. 166 Artemio V.pnp. ―PNP warns mayors from using cops during election period.inquirer. Available online from http://www. 1999.‖ Philippine Daily Inquirer.com/article.asp 158 Abigail Kwok and Marlon Ramos.newsflash.php?option=com_content&view=article&id=173:pnp-mountsaggressive-police-action-on-private-armies&catid=1:latest-news&Itemid=50 160 Ma. 168 Ibid. 4-6.‖ STARweek. 2008.‖ The Philippine Star.html 150 Asian Development Bank. April 6.gov. available online from www. 2006.ph/press_release/2010/0120_roxas3. 47.‖ Philippine Daily Inquirer.net/inquireropinion/columns/view/20100406-262605/On-military-intervention 148 Ibid.senate. 12 February. ―Commentary: On Military Intervention.html Based on We Were Soldiers: Military Men in Politics and the Bureaucracy.inquirer. Available online from http://www. January 20. 169 ―Public Schools Overcrowded.‖ GMANews.TV. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. p.org/stories/the-blood-politics-of-abra/ Ma. 155 Dateline Philippines.groundreport.htm.html 164 THE REPORT OF THE FACT FINDING COMMISSION Pursuant to Administrative Order No. Ayn Ballesta. Simbulan. Available online from http://www. Simbulan. 151 Ibid. 2008.‖ December 1-2. p.. Available online from http://newsinfo. 161 ―PNP Promotion System Hit. 2010.‖ Inquirer. 2010. Available online from http://www. 78 of the President of the Republic of the Philippines Dated July 30. 2003. Tan.org/imag/Excerpt/military. 152 Ibid.inquirer.pcij. Study supported by the United Nations Development Program (UNDP) and the Supreme Court of the Philippines. Submitted to the Office of the President on 17 OCTOBER 2003. 146 ―Out of the Barracks.html This also appeared as Roland G. 2010. ―Comelec asked to allow reshuffling of ‗partisan‘ police chiefs. Available online from http://dateline. where she grew up. 153 Ibid. PNP can‘t install transition president.ph/press_release/2009/0606_escudero2. The Politics of Military Intervention. p. 154 See AFP-PNP Joint Operational Guidelines for 2010 National and Local Elections.tv/story/189527/comelec-asked-toallow-reshuffling-of-partisan-police-chiefs 157 ―Roxas: PNP Zambo Sur Should be Accountable for Murders.philstar.com/archives/editorial/ed-000066. April 27.com/World/PNP-Promotion-System-Hit/2858173 162 Jess Diaz.. Joint Letter Directive 012010. Available online from http://www. Available online from http://www. 44.net.html 147 Roland G.gov. Conformed by the Commission on Elections. ―60% of Police Force ‗Live Below Poverty Line‘: PNP General.‖ March 24. ―Transforming the PNP.pcij.ph/cms/index. available online from http://opinion. ―The RAM Boys: Where are they now?.net/breakingnews/nation/view/20100407262848/PNP-chief-to-retiring-police-officers-Quit-your-posts 159 Public Information Office. April 7.‖ available online from http://www. p. Background Note on the Justice Sector of the Philippines. 2010. 2009.org/stories/1999/ram.aspx?articleid=505720 163 See http://www.articlearchives. April 2010. YONIP Editorial.. Available online from http://www. Vol. September 16. ―PNP mounts aggressive police action on private armies. 149 Cecille M. 2010. ―PNP chief to retiring police officers: Quit your posts. ―Toedoro: AFP.yonip. 2 June. ―The blood politics of Abra.Democratic Deficits in the Philippines: What is to be Done? Glenda Gloria.net/inquireropinion/columns/view/20080615-142723/Education-for-all (15 June 2008) 167 Ibid.com/law-legalsystem/constitutional-law-freedom-press/230758-1.asp (6 June 2009) 145 199 .gov.gmanews. ―Education for All. See also AFP. Available online from http://opinion.ph/?p=10002 156 Kimberly Jane T.‖ February 14.‖ April 23. Inc. Armed Forces of the Philippines and Philippine National Police. Below World Standards. 2007. 2009. March 2006.org/2004/02/sb/sb005484. a pamphlet published by the Friedrich Ebert Stiftung. Available from www. 165 CPRM Consultants. available online from http://pcij.‖ Press Release from the Office of Senator Mar Roxas. Ayn Ballesta is the pseudonym of a member of a prominent clan in Abra.‖ March 27. Local Police Reshuffle Should Focus on Areas Where These May be Used for Partisan Politics. 47.‖ Manila Bulletin. Available from www. Suerte Felipe.pcij. 44.org/HotSeat/davidereport.

Bautista. ― Back-to-School Woes Worst Ever. Dina S.nytimes. ―UN report ranks RP education behind Tanzania. an experimental public school which has longer school days and school hours.uis. 195 These points were discussed and proposed by Prof. Dina S. Available online from http://heraldextra.110mb.‖ Philippine Daily Inquirer. 188 Roger Posadas. Bautista. op.fnf.org/philippines/8900. 194 Malcolm Gladwell. Bernardo and Prof. Allan B. 2010 at the NISMED.bulatlat.com/BESRA%20brochure. Prof. Quezon City.‖ Bulatlat. Cynthia Rose B. Abad.‖ Philippine Daily Inquirer. UP Diliman. see Chapter 8 entitled ―Rice Paddies and Math Tests‖ (pp.htm (2005) 172 ―Education: Issue. 170 200 . 190 Professional Regulatory Commission 191 This has been proposed by a number of educators including Prof.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9.com/news/opinion/editorial/article_fdd1084a-3a9b-5656-aab5-65f9e6113fc6. 196 These points were discussed and proposed by Prof.I.pdf (2009) 177 Abad. Cynthia Rose Banzon Bautista. 180 Ibid. Cynthia Rose B.ph/downloadables/Butch%20Abad.I. Bernardo and Prof. Prof.unesco. as well as the experience of the Knowledge is Power Program (KIPP) Academy. 181 Ibid. Since 7 is the most common entrance age.org/selectIndicators.ph/wpcontent/uploads/2009/05/dp01_luz. professor of Reading Education and Dean of the UP College of Education.com/news/5-17/5-17-woes. ―The Challenge of Governance in a Large Bureaucracy (Department of Education): Linking governance to performance in an under-performing sector. Diokno. See also Malcolm Gladwell.aspx (2009) 174 UNICEF Philippines.org.‖ available online from hdn. UP Diliman. p. Outliers: The Story of Success. 260.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9.‖ available online from www. Allan B. 2008). available online from http://www. Ma. in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. 2010. Ma. 2010 at the NISMED.html (24 August 2009) 171 Carl Marc Lamota.html. op. ―The State of Philippine Public Education: Problems and Approaches.pdf. 183 Ibid.org. 29 April 2010. UP Diliman. and short summer vacations. 2010 at NISMED. 186 ―Basic Education Sector Reform Agenda (2005-2010). 178 Ibid. Zambia-Binay. May 18. http://gmr. 175 Florencio B. 189 Luz. cit. 2008). not school days‖ in In Our View. Diokno. and Prof. Quezon City. Prof. 192 These points were discussed and proposed by Prof. Prof.unicef.‖ Philippine Daily Inquirer. cit. Quezon City. Serena I. Ma. 187 Philip C. 224-249) and Chapter 9 entitled ―Marita‘s Bargain‖ (pp. 24 January 2010. Ma. Dina S. ―10-pt. available online from www.html (2008) 173 Note: Children enter primary school at age 6 or 7. enrolment ratios were calculated using the 7-11 age group for population. (New York: Little Brown and Company. education reform campaign launched to elect Education President. Outliers: The Story of Success. Villas. cit. Bernardo and Prof. op. 179 Ibid.com/2009/08/25/world/asia/25iht-phils. UP Diliman. 260. Tubeza. ―Suggestions for Education Nation. Prof. 193 See ―Slash the fat.‖ The New York Times. Serena I.Democratic Deficits in the Philippines: What is to be Done? Seth Mydans. professor of sociology and former Dean of the College of Social Science and Philosophy (CSSP). 23 February 2010. Prof. Allan B. Quezon City. p. 182 Ibid. (New York: Little Brown and Company.pdf (26 September 2007) 176 Juan Miguel Luz. ―The Philippines Face Classroom Shortage. For a Gladwell‘s detailed discussion of the implications of school days and long summer vacations.‖ available online from http://efa2015. Ma. 250-269). Bautista. Daily Herald. 184 Luz. Diokno. 185 Anna Liza T. Ocampo. 2010 at the NISMED. Available online from http://www. cit. Dina S.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9.I. Ma. Source: UNESCO Institute for Statistics database. Cynthia Rose B.‖ UNICEF Philippines. Serena I. Ma. op.

218 Ms.allacademic. Retrieved June 25. Environmental Human Rights. Economy.org/default.ph/downloads/Annex_2_FINAL_PDF_Health[1].‖ available online from http://erc. Shelton. 205 The UP Forum.com/meta/p_mla_apa_research _citation/2/5/4/2/9/p254298_index. 6. Retrieved July 14.php?i=289 199 Ibid.php?i=289 203 204 206 Philippine Development Forum Working Group on Millennium Development Goals MDGs) and Social Progress. 1999).‖ Human Development Report 2000 Background Paper. p.asp?pid=83 220 Ayesha Dias.irinnews.‖ in 16 New York University Environmental Law Journal 711 (2008).php?i=289 197 ―The Philippines Health Sector Reform Agenda. 5.aspx?ReportId=77822.pdf 207 The Milk Code 208 Sexually transmitted disease 209 Local Government Code 210 Health Human Resource 211 Health Sector Expenditure Framework 212 Injecting drug users 213 Philippine Health Insurance Corporation or PhilHealth 214 See Javaid Rehman.html 222 Workshop on ―Natural Resource-Based Conflicts in the Philippines: Trends. Politics and Policy" Paper presented at the annual meeting of the ISA's 49th Annual Convention. Int'l L (1991). 2010 at the NISMED.‖ available online from http://www. (United Kingdom: Princeton University Press. and the Future of Private Property. RN and Joanna Ruth Palermo. 2008. 221 Jenny Kehl. San Francisco. UN Office for the Coordination of Humanitarian Affairs. and violence. op.msh.org/Report. Homer-Dixon.up.org/hsr/index.up. which focuses on ―human rights issues that are intertwined with a sustainable future of people and all life on this planet. available from http://gfdrr. Environmental rights and the Right to Environment. ―Health Sector Reforms: A Progress Report. 216 D. Ma. Environment. 219 Stand Up for Your Rights is an international human rights NGO based in The Netherlands.usaid.org/ctrydrmnotes/Philippines.‖ available online from http://www. p. Security. Quezon City. 217 Ayesha Dias. 215 Principle 1 of the Declaration of the United Nations Conference on the Human Environment also referred to as the 1972 Stockholm Convention. Bridging Multiple Divides held at Hilton San Francisco. p. ―Blueprint for Universal Health Care 2010-2015 and Beyond. 2008 from www. Environment and Development: With Special Emphasis on Corporate Accountability.ph/upforum. Serena I. Gerodias. ―Philippines: Nutrition gains at risk.‖ available online from http://www.Democratic Deficits in the Philippines: What is to be Done? Proposed by Prof. 6. ―Human Rights. a human rights lawyer from Algeria and a member of the Sub-Commission. Challenges and Actions‖ held on 1314 May 2004. ―Biochem Report 20017-2008: Malnutrition in the Philippines.edu. cit.gov 223 Thomas F. International Human Rights Law: A Practical Approach 6-7 (2003) and David Takacs. UP Diliman. 198 The UP Forum.ph/upforum. CA. scarcity. (18 April 2008) 201 Edgar M.scribd.‖ 28 Stan. "Human Rights.‖ available online from http://pdf. ―Blueprint for Universal Health Care 2010-2015 and Beyond. 2008 from http://www. Fatma Zohra Ksentini.ph/upforum. RN.htm Ibid.‖ available online from http://www. ―Resource Security Bridging the Divide Between Energy. USA on March 26.righttoenvironment.com/doc/243953/Malnutrition-in-the-Philippines 202 The UP Forum. ―Blueprint for Universal Health Care 2010-2015 and Beyond. was appointed as the Special Rapporteur in 1991 by the United Nations Sub-Commissioner on Prevention of Discrimination and Protection of Minorities.‖ available online from http://www. ―The Public Trust Doctrine.pdf 201 .edu.‖ Stand Up For Your Rights has a "Right to Environment" Campaign. See http://www. 200 IRIN. J.edu. Diokno in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9.up. 224 Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery.

Inc.500 species of vascular plants (> 0. Morada. (Pasig City: Philippine Center for Investigative Journalism. (Pasig City: Asian Development Bank. 229 Economist Ernesto Pernia. Severino. Balgos. edited by Ceciole C. available from http://gfdrr.Democratic Deficits in the Philippines: What is to be Done? Ellalyn B.‖ outlining the Philippine government‘s policy on mining.ph/revitalization_files/revitalization_frame. 1997) edited by Ceciole C.htm 246 Riza T. p. 241 European Commission. Inc.biodiversityhotspots. ―The Environmental Movement and Philippine Politics‖ in Philippine Politics and Governance: Challenges to Democratization & Development. The Philippines. 244 Philippine News Agency. which introduced quantitative thresholds for the designation of biodiversity hotspots: To qualify as a hotspot. 248 Howie G.mb. 2009. 8. June 2009.aspx 236 According to Conservation International: ―A seminal paper by Norman Myers in 1988 first identified ten tropical forest ―hotspots‖ characterized both by exceptional levels of plant endemism and by serious levels of habitat loss. A. 4th edition. 231 Ibid.php?article_id=231994. 8. 242 Howie G. 230 Howie G. officials say. 1993). ‗Human Rights and Protection of the Environment: A Mildly ―Revisionist‖ View. 1982).) December 8. 202 . 232 Ruth Lusterio Rico. 135136. 239 Conservation International defines ―endemism‖ as “the degree to which species are found only in a given place. ―Environmental woes blamed on RP‘s huge population. 8.. The Politics of Logging: Power from the Forest.biodiversityhotspots.‖ Available from http://www. Conservation International adopted Myers‘ hotspots as its institutional blueprint in 1989. 235 See official website of Conservation International‘s Biodiversity Hotspots featuring the ―Philippines. Severino.org/ctrydrmnotes/Philippines. January 18.gov.d. op. 2010. Remo. (Quezon City: Department of Political Science.‖ in Saving the Earth: The Philippine Experience. p.‖ 240 See http://www. 3. The Environmental Crisis. 228 European Commission. June 2009.biodiversityhotspots. including an examination of whether key areas had been overlooked. May 16. cit. the organization made the decision to undertake a reassessment of the hotspots concept. p. 4th edition. p. Tribune. 5 other heads of state ink Coral Triangle Initiative.org/xp/Hotspots/philippines/Pages/default. In 1990 Myers added a further eight hotspots.org/xp/Hotspots/philippines/Pages/default. 2010. p. a region must meet two strict criteria: it must contain at least 1.com. edited by Teresa S. an economist from the University of the Philippines and former chief economist for the Philippines at the Asian Development Bank.aspx 238 See http://www. Statement from Legal Rights and Natural Resources Center. Abadilla. 2004. The Philippines. p. ―Environmental degradation. Kasama sa Kalikasan/ Friends of the Earth – Philippines (LRC-KSK/FOE-Phil. p. 243 European Commission. Olchondra. explains this as interviewed by Michelle V. 1997). October 24. The Philippines. Severino.‖ in Saving the Earth: The Philippine Experience.‖ Philippine Daily Inquirer. 2008). Philippine Daily Inquirer.A Bigger Storm Brewing Network. p. and in 1996. including four Mediterranean-type ecosystems. available from http://services. A.‖ available from http://www.mgb. 233.‖ Available from http://www. De Vera. 2010. 249 Gunther Handl. 14. p. ―Mining still an investment draw.‘ Since endemic species cannot be found anywhere else.5 percent of the world‘s total) as endemics. pp.ph/node/222382/environmental-degradation-climate-change-blamed-ma 225 226 As cited in Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery. (Pasig City: Philippine Center for Investigative Journalism.org/xp/Hotspots/philippines/Pages/default. the area where an endemic species lives is wholly irreplaceable. ―The Costs of Extraction. (Pasig City: Philippine Center for Investigative Journalism. Country Environmental Profile – Updates. (See ―Hotspots Defined‖ in http://www. p. 14. Country Environmental Profile – Updates. June 2009. ―GMA.aspx Accessed on May 4.‘ n. and it has to have lost at least 70 percent of its original habitat.biodiversityhotspots. Encarnacion Tadem and Noel M. 14. 245 See ―The Revitalization of the Minerals Industry Program. 234 Domingo C. 3. 247 The Supreme Court Reversal on La Bugal . Three years later an extensive global review was undertaken. 10..org/xp/hotspots/hotspotsscience/Pages/hotspots_defined. This can be thought of as a measure of ‗irreplaceability.org/xp/Hotspots/philippines/Pages/default. available from http://www. climate change blamed for massive flooding. Country Environmental Profile – Updates. 2006). Balgos.aspx Accessed on May 4.inquirer.net/print/print.pdf 227 Country Environmental Analysis 2008: Philippines. 13. 233 Marites Danguilan Vitug. 2009.biodiversityhotspots. (Manila: Philippine Education Company.aspx 237 See official website of Conservation International‘s Biodiversity Hotspots featuring the ―Philippines. ―The Costs of Extraction. p.

267 Ibid. 2 January 2008 264 Katherine Adraneda. 9. Insigne was then Chairman of the National Commission on Indigenous Peoples (NCIP). 2.Democratic Deficits in the Philippines: What is to be Done? 250 The IPRA was signed into law on October 29.d). 255 Climate Change 2007: Synthesis Report. and the development of recycling programs is encouraged. The Philippines: A Climate Hotspot.. and the Right to Cultural Integrity.org/sd-pamsdatabase/phillipines/clean-air-act) 262 PGMA Creates Task Force on Climate Change. 268 Ibid. available from http://www.ph 253 Climate Change: Impacts. Available online from http://balita. enterprise. p. The Philippines. It bans incineration and smoking in public places. PDI. Philippines. Manila.aspx?articleId=36402 265 Office of the President.‖ Manila Times. PDI. 8. 274 Based on recommendations of a 2004-study commissioned by the International Tropical Timber Organization (ITTO) as cited in ―DENR calls on communities to help prevent and control forest fires. Hailed as a landmark legislation. 1997 by then President Ramos. At the local and municipal levels. 269 ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court. 256 European Commission. Vulnerabilities And Adaptation In Developing Countries. governments are allowed to set emission quotas by pollution source. 260 Air Quality Monitoring Boards 261 See also http://www. November 2007.php 276 See the official website of the US Environmental Protection Agency at http://www. 266 Candelaria.‖ International Alert. APEC Ministerial Meeting on Sustainable Development.d. (Pasig City: Asian Development Bank. Right to Self-Governance and Empowerment.net. Social Justice and Human Rights. The law seeks to recognize.denr. It sets emission standards for all motor vehicles and issues registration only upon demonstration of compliance. 2007. 252 Culled from various public speeches of Insigne in early 2010 and the NCIP website at www. corporation or groups that installed pollution control devices or retrofitted its existing facilities to comply with the emissions standards in the Act can apply for tax incentives of accelerated depreciation.wri. (See http://projects. Maria Milagros. 50. 2006-2007. ―The Important Role of Free and Prior Informed Consent (FPIC) in Responsible Mining‖ delivered before the Chamber of Mines of the Philippines in November 2007.ncip. p.epa. It also establishes a R&D program for air pollution reduction mechanisms and technologies. Eugenio A. ―Economy and Environment in the Philippines: Issues and Imperatives. p.‖ n. 28 February 2008. p. Insigne.‖ May 14. April 21. 21. 1.gov/greenchemistry/ 203 . and international agreements on the recognition of land/domain rights of the IPs. Country Environmental Profile – Updates.‖ The Philippine Star.ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justicecorona-preserve-integrity-of-the-high-court/ 270 Ibid. 254 Country Environmental Analysis 2008: Philippines. 2008. July 11-12. 258 ―Global warming to cause famine in RP by 2020. 259 ―A Climate of Conflict. 2008). Sedfrey and Ballesteros. p. consolidated bills related to ancestral domains and lands. Habito. the IPRA is the result of various consultations. p.org/caiasia/1412/article-34762. ―Designation of ‗Green Benches‘ in the Philippines: Regional Exchange in Support of Improved Judicial Institutions and Capacity. United Nations Framework Convention on Climate Change (UNFCC). These include the Right to Ancestral Domain and Lands. 263 Philippines: Climate Change tops DENR priority in 2007.gov. Available from http://www. 272 See draft of ―enhanced Philippine Agenda 21‖ at: http://pcsd.‖ (n. 4th Assessment Report of the Intergovernmental Panel on Climate Change. p. It relies heavily on the polluter pays principle and other market-based instruments to promote self-regulation among the population. ―Yearender: Climate change tops DENR priority in 2007. 257 Greenpeace. promote and protect the rights of the indigenous peoples of the Philippines.‖ (press release of the Office of the President).neda.ph/article/articleview/5632/1/39/ 275 See http://unfccc.html The Clean Air Act outlines the government‘s measures to reduce air pollution and incorporate environmental protection into its development plans.int/kyoto_protocol/items/2830. It also issues pollutant limitations for industry. 1996. Polluting vehicles and industrial processes must pay a charge.com/ArticlePrinterFriendly. 2010.cleanairnet. Any individual. June 2009. 271 Cielito F. ―PGMA Signs Renewable Energy Act of 2008 Today..gov.‖ March 4.gov. 251 Atty. deductibility of R&D expenditures or tax credits on the VAT of the equipment and are exempt from real property tax on the machinery or equipment used to comply. 113. 2010.ph/ 273 Declaration.philstar.

downloadable at http://www. Vol. Paul Icamina. East Asia and the Pacific Region. 2005. SSS.―The Millennium Development Goals: Goal 4 Reduce child mortality. Organized by the Supreme Court.‖ 307 Ramon Magsaysay. July 11-12. 298 Ibid.newsflash. p. Davao City via video conferencing). ―How is Your Pension Doing?.. 281-282. Fall 2003. available from http://www. 305 ―Bad Investments.org/ctrydrmnotes/Philippines.S. U. No. Insigne as culled from his various public speeches. 302 United Nations Development Programme Philippines .htm. nuke option looks appealing. 2008) 296 Based on the 1995 Mid-Decade Census. p. a privilege speech. pp.net.. 98. published by The World Bank.. ―The Millennium Development Goals: Goal 5 Improve maternal health. ―Country Comparison: Population. p. January 1. The World Factbook. December 18. ―Draft Field Report: Philippines Flooding/Typhoon Rapid Environmental Impact Assessment. 280 A Forum on Environmental Justice: Upholding the Right to a Balanced & Healthful Ecology was held on 16 – 17 April 2009 at the University of the Cordilleras.‖ Reengineering the SSS.philstar.‖ The Manila Times Internet Edition. 2. 5 of Monograph Series of Asian Labor Network on IFIs/Philippine Chapter.Democratic Deficits in the Philippines: What is to be Done? 277 278 Declaration. ―Greepeace debunks nuclear benefit. No.. 97. Rural Development and the National Disaster Coordinating Council of the Philippines. 284 International financing institutions 285 Philippines Catastrophe Insurance Pool 286 Philippine Insurers and Reinsurers Association 287 Katherine Adraneda. 204 . 309 Pay as you go system consisting of social pooling and individual fund accumulation where employers and employees must deposit money into the accounts regularly.‖ Malaya. 96. 47.ph/data/pressrelease/2008/pr0830tx. Quezon City. 292 Ibid. 1. May 14. The ADSDPPs are filed at the NCIP main office. Baguio City (with simultaneous forums in the University of the Philippines Visayas. 306 ―Solons Bat for Merge of GSIS. ―Official population count reveals. p. Nelson D. Quezon City..gov/library/publications/the-world-factbook/rankorder/2119rank..‖ The Philippine Star. 2nd floor.ph/?link=goal_5 301 Merceditas B. 2009.manilatimes.. Iloilo City and Ateneo de Davao University. Available from http://gfdrr. op.‖ available online from https://www. 294 Primary statistical arm of the government of the Philippines. 283 Ibid. 2003.undp. p. p. 14 February 2005. Press Release.. December 19. 289 Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery.cia. UP Diliman.‖ (Commentary) Philippine Daily Inquirer. ―A Simple Solution to China‘s Pension Crisis.‖ http://www. (2009) 300 United Nations Development Programme Philippines. ―Yearender: Climate change tops DENR priority in 2007.‖ available online from http://www. Quezon Blvd. Concepcion. Remo. 2010.. cit.‖ Cato Journal.org.‖ available online from http://www. Vol. 2004.‖ Philippine Daily inquirer. APEC Ministerial Meeting on Sustainable Development. Politics Blamed for SSS Losses. Manila. 295 National Statistics Office. 308 Presented during the ALNI/P Symposium at Balay Kalinaw. 291 Ibid. 304 Concepcion.census. (with financial support of Office of Foreign Disaster Assistance. 2003. 2010.gov.aspx?articleId=36402 288 See Amy R.undp. 45. ―Why Population Growth is Still an Issue in the Philippines. ―Uncertainties surrounding nuclear waste.org.pdf DRR stands for Disaster Risk Reduction. 281 Natural Disaster Risk Management in the Philippines. Agency for International Development and the Joint UNEP/OCHA Environment Unit [Geneva]). September 30. 282 Ibid. March 5.ph/?link=goal_4 303 Ibid. 44. 1996.org/2004/02/si/si001983.‖ January 12. ―For 3 agencies.‖ available online from http://www. Li and Ling Li. 293 C. 310 David D. Philippines. (Philippines. 290 Ibid. 23.html. Jr.com/ArticlePrinterFriendly. 299 Central Intelligence Agency. Delta Bldg. Laviña. 297 Based on the 2000 Census of Population and Housing..html. Kelly. 279 Based on the advocacy of former NCIP Chairman Eugenio A.

op. ―What next president must do to grow economy. 328 Ibid. 349 See http://www. 314 Ibid. cit. p. A11.. 313 Taken from the 2005 ADB Philippines Private Sector Assessment Study. A1.. 323 Ibid. Mitra Toossi.pdf 326 Ibid. 316 Ibid. p. February 9. 327 Ibid. February 28. 318 Cielito Habito. March 8.‘ 348 Neri. 345 In fact. See http://www. p. 317 Ibid. ―Labor force projections to 2012: the graying of the U. 315 Ibid.. p. ―The new big. February 2004. Gerardo Sicat 333 Sicat. 346 Hutchcroft. 352 Sicat. bad G word.. GNP 2009.‖ Philippine Daily Inquirer. 325 This consists of the National Government Debt and the National Government Debt Service. which is brought about by artificial scarcities that result from the intricacies of regulations. February 1.heritage. 356 Ibid.‖ Malaya. 329 Gil Cabacungan Jr. 320 Cielito Habito. ―Salceda: Rich also became richer.‖ Philippine Daily Inquirer.cit. 321 Mar Arguelles. 347 Loosely translated as ‗debt of gratitude. we are third in the world in terms of local business optimism in access to financing in 2010. 324 Ibid. 322 Habito.‖ Monthly Labor Review.S. 37.org/index/country/philippines 350 Habito. March 1. 2010. ―Local biz confident of access to financing. 311 312 205 . Li and Ling Li. 341 Ibid. 357 Ibid. 50. 337 Sicat. p. 2003.treasury. ―GNP 2009: Gutom Na Pinoy?.Democratic Deficits in the Philippines: What is to be Done? Li and Xu. 282. both comprised of domestic and foreign debt. 340 ADB. Source: Dr. bureaucracy and legislation‖. 353 Ibid. workforce. 2010. cit. 2010. cit. p. p. 334 Amado Macasaet.gov. Malaya. 338 Ibid 339 Sicat. op. p. cit. op. ―A Simple Solution to China‘s Pension Crisis. cited in David D. op. p. 336 Ibid. 342 Air Transportation Office 343 Philippine Ports Authority 344 Ibid.A3 335 Ibid. 331 Ibid.34. 2010. ―A damaged culture and the economy‖. November 16. regulations remain a major constraint. op. 2010. op.5. 355 Ibid.ph/statdata/monthly/mo_debtindicator. 2009. 354 Ibid.. See Irma Isip. cit. February 15. 2004. 351 Neri. 319 Ibid. 1996.27. 332 Economists define rents in this context as the ―return to factors that have fixed supply. A8. p.‖ Philippine Daily Inquirer. 2010. 330 Taken from a half-page advertisement of the Joint Foreign Chambers of the Philippines in the Philippine Daily Inquirer..‖ Philippine Daily Inquirer. 4. p.‖ p. B2.

387 The SZOPAD consists of 14 provinces: Basilan. to make room for the creation of new jobs in the new firms that will respond to export incentives.htm.11 375 Literally translated as ―Moro Nation. April-June 2006. Marawi. 393 Available online from http://www.net/v40n01/insurgency.‖ Philippine Daily Inquirer. 379 Ibid. 374 Ibid. ―China-ASEAN Free Trade Deal: Implications for Philippine Industries. 2004). 2. cit.com/index. 366 Ibid. 380 Taken from the Project Ploughshares website. ICES. p.php?option=com_content&task=blogcategory&id=106&Itemid=190.html. p. 381 Ibid. Maguindanao. 364 Habito. Pagadian. 2.‖ 376 Government forces were involved in the killing of hundreds of Muslim youth who were ‗recruited‘ to be part of the Philippine military forces. p.php?option=com_content&task=view&id=3740. Iligan. General Santos. 52-53. The Philippines: The 1996 Peace Agreement for the Southern Philippines: An Assessment.1 389 Ibid. p. Dapitan. and Puerto Princesa. Sultan Kudarat. vol. 372 M..Democratic Deficits in the Philippines: What is to be Done? 358 359 Ibid. p. op. op. 368 Ibid.11. Accessed March 11. Lanao del Sur. pp. 394 Ibid. Bauzon. Alonto. Beyond Paper Autonomy: The Challenge in Southern Philippines. 2010. cit. 363 Ibid. 388 Ibid. ―How workers fared in 2009. 26. South Cotabato.ca/libraries/ACRText/ACRPhilippinesN. 2010. Sulu. p. 367 Habito. 360 Rafaelita Aldaba. February 28. 383 Tan. 377 Liwanag. 362 Aldaba‘s example: facing temporary job losses causes by the inevitable death of inefficient firms. Available online from http://www. Zamboanga del Norte.‖ Philippine Daily Inquirer. 378 Roy Lagarde. 2010. Tawi-tawi. 384 Ibid. Available online from http://www. 392 Balindong. Dipolog.ploughshares. Zamboanga. Davao del Sur. op.45-51. The Persistence of Insurgency in the Philippines. (Cotabato City: Center for Autonomy and Governance. 206 . 391 Ibid. ―On Issues in the Charter Change. cit. A14.46. 2010. op. 369 A large part of this text was taken from the “BRIEF REVIEW OF THE HISTORY OF THE COMMUNIST PARTY OF THE PHILIPPINES: On the Occasion of the 20th Anniversary of its Reestablishment” written by Armando Liwanag on December 26.cit. 385 Quoted verbatim from the Privilege Speech of Rep. and Palawan. Ibid. Accessed April 29. Accessed March 11. January 25. 365 Habito. http://www. 371 Ibid. Accessed February 24. pp. 1988. Zamboanga del Sur. 386 K. 1999.mindanews. 370 Ibid.impactmagazine. cit. 2010. North Cotabato. p. Those in quotation marks are Liwanag‘s direct statements. Lanao del Norte. 382 Ibid.mindanews. Sarangani. 373 Benedicto Bacani. issue no. Pangalian Balindong of the Second District of Lanao del Sur addressing the House of Representatives on January 30. 2008. 361 Ibid.‖ Autonomy and Peace Review.. It also encompasses the cities of Cotabato.com/index.2 390 Ibid. 2010. op.

―Global Food Security Outlook. 419 Valenzuela. 414 See http://www.fivims.48. op. 2010.com/2009/01/dept-ofagriculuture-food-security-and.net/news/breakingnews/view/2007082484523/DepEd_pushes_madrasah_program. 398 Ibid. xvii. 430 Amado Macasaet. 2010. ―A damaged culture and the economy.Democratic Deficits in the Philippines: What is to be Done? 395 Available online from http://www. p. Joint Needs Assessment for Reconstruction and Development of Conflict-Affected Areas in Mindanao. op. 431 Dr. 408 Ibid. xiii. 426 Message of NCIP Chairman Atty.org. Accessed May 2.cit. Number 54.php?option=com_content&task=view&id=20&Itemid=55 424 Taken directly from the Department of Agriculture website: http://www.. 411 Ibid. 1997). cit. Why Men Rebel (New Jersey: Princeton University Press. Roots of Conflict. p. 428 Ibid. pp.. Eugenio A. xiii. Accessed May 1 2010. 410 Ibid. Perceles H. 2010.ph/monthlyfeatures/mar2k2a. p.pids. pp.org/index..manilatimes. Climate and Food Security Conference entitled Responding to Global Challenges through Regional Cooperation and Public-Private Partnership (Makati: Asian Institute of Management and Konrad Adenauer Stiftung. Bruce Tolentino. March 1. 407 Ibid. pp. Commonwealth Avenue. p. 406 International Bank for Reconstruction and Development/The World Bank. 50. (Makati: Asian Institute of Management. (Philippines: The World Bank. 416 Ibid.. Accessed April 29. 409 Ibid.. 2005) pp. Available online from http://dirp3. p. 22-56. xvii.ph/ris/pjd/pidspjd02-2foodsecurity.. op. 403 Ibid. p.net/index. 400 Ibid.inquirer.‖ Proceedings of the Energy. http://www. 1970).47-50. Second Semester 2002. ―Food Security in the Region and in the Philippines. 2008). 413 News article available online from http://globalnation. 397 Ibid. op. cit. 418 Ibid. Insigne during the World Indigenous Peoples Day held at Pearl Room. 396 Lagarde.‖ Malaya.. p. 412 Nuñez. A3. p. Philippine Journal of Development.fivims.agriculture-ph. Valenzuela. Diliman. Climate and Food Security Conference entitled Responding to Global Challenges through Regional Cooperation and Public-Private Partnership (Asian Institute of Management and Konrad Adenauer Stiftung. 405 Jose Abueva. Quezon City on 10 August 2009. Manzo. xii. 22-56.pdf.pcij. 427 Ibid. 429 Ibid. available online from http://www. 1997). 404 Bacani.childprotection.. xi-xiv.rtf 415 Edgardo T.. 2008).gov. SEAMEO-INNOTECH. 421 Available online from http://www.org/index. (Makati: Asian Institute of Management. ―The Globalization of Food Security: Rice Policy Reforms in the Philippines. xvii.org/blog/wp-docs/Abueva-Federalism. cit. pp. 2010. 402 In the Editor‘s Introduction by Emil Bolongaita Jr. Vol. Rosalita Nuñez..php?option=com_content&task=view&id=20&Itemid=55 422 Accelerated Hunger Mitigation Program 423 Directly quoted from the Food Insecurity and Vulnerability Information and Mapping Systems (FIVIMS) website. 401 Rosalita Nuñez.php/news/nation/15897-grp-mnlf-sign-agreement-toenforce-1996-peace-deal. 417 Ibid. pp. Roots of Conflict.‖ Proceedings of the Energy. xii-xiii. 207 .pdf Accessed May 1. 399 Ted Robert Gurr. XXIX.49 420 V.html 425 Ibid. p.

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As a former Legislative Staff Officer at the Congressional Planning and Budget Department at the House of Representatives. she has acquired knowledge and comprehension on and is familiar with the various socioeconomic and political issues in the country. she has worked as a researcher for various government and non-government institutions.ABOUT THE AUTHORS Clarita R. He earned the degree of Bachelor of Arts in Communication. In 2009. hoping that the development of a code to understand and map out the inner workings of the Asian Communist psyche could help in achieving peace in the region. Political Science program of the University of the Philippines – Diliman in 2009. he has engaged with various agencies of the executive. Carlos is a professor of political science at the University of the Philippines. A graduate of BS Library and Information Science from the University of the Philippines Diliman.A. He is a regular member of the Filipino Society of Composers Authors & Publishers. Dianne Faye C. . Despi is a graduate of the B. legislative and judicial branches of government. Carlos currently works as a technical staff at the SEAMEO Regional Center for Educational Innovation and Technology (SEAMEO INNOTECH). she received the most outstanding teacher award in the full professor category in the university. Major in Journalism. the Maximo Kalaw chair on peace and the CASAA professorial chair. the Elpidio Quirino professorial chair in international relations. ISBN 978-971-94932-0-4 Center for Political and Democratic Reform. She has held various professorial chairs. namely. and can be especially used in understanding the case of Communist insurgencies in the Philippines. Kagalingang KAPP. She wrote on the Operational Code of the North Korean Politburo as her final paper for the course. Dennis M. Filipino Composers Development Cooperative and Original Kapampangan Music Composers and Artists. involved in the research and writing of policy papers. She also holds a 1st degree black belt in Taekwondo. Inc. she has been consultant of the Philippine Congress and Local Government Development Foundation. Cum Laude in 1987 from the University of the Philippines-Diliman. In 1995. She is currently studying the Korean language to pursue further studies in South Korea. Inc. Portia Hazel R. she received the Natatanging Guro (Outstanding Teacher). In his 23-year professional career. Lalata is a consultant in the government and non-government sectors covering various development issues. For many years.

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